JURITEXT000006956524 Généré par l'IA

Seller v. Buyer: Failure to Obtain Building Permit Dissolves Land Sale Contract

Numéro de cause JURITEXT000006956524

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-20

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land required the seller to secure a necessary building permit within a specified timeframe, and stipulated that if the permit was not obtained, the contract would be automatically terminated without penalty, with the down payment to be returned; when the seller failed to obtain the permit by the deadline, the buyer sought to enforce the sale, but the court held that the clause establishing automatic termination upon the permit's non-receipt was an unconditional suspensive condition, and since this condition precedent was not fulfilled, the contract was legally dissolved, justifying the seller's refusal to proceed with the sale and the return of the deposit.

Regeste Legislator

Généré par l'IA

Seller v. Buyer: Failure to Obtain Building Permit Dissolves Land Sale Contract: A contract for the sale of land required the seller to secure a necessary building permit within a specified timeframe, and stipulated that if the permit was not obtained, the contract would be automatically terminated without penalty, with the down payment to be returned; when the seller failed to obtain the permit by the deadline, the buyer sought to enforce the sale, but the court held that the clause establishing automatic termination upon the permit's non-receipt was an unconditional suspensive condition, and since this condition precedent was not fulfilled, the contract was legally dissolved, justifying the seller's refusal to proceed with the sale and the return of the deposit.