JURITEXT000006956556 Généré par l'IA

Sale Conditional on Financing Failure to Fulfill Condition Suspensive

Numéro de cause JURITEXT000006956556

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A seller entered into a contract to transfer ownership of an object to a buyer, with the sale being conditional upon the buyer obtaining necessary financing by a specific date, and the buyer failing to secure the loan by that deadline, leading the seller to seek the contract's rescission; the court upheld the lower court's decision to void the contract, reasoning that the stipulation imposing the financing deadline constituted a condition suspensive, the non-fulfillment of which automatically extinguished the underlying agreement, irrespective of whether the condition's failure was attributable to the buyer.

Regeste Legislator

Généré par l'IA

Sale Conditional on Financing Failure to Fulfill Condition Suspensive: A seller entered into a contract to transfer ownership of an object to a buyer, with the sale being conditional upon the buyer obtaining necessary financing by a specific date, and the buyer failing to secure the loan by that deadline, leading the seller to seek the contract's rescission; the court upheld the lower court's decision to void the contract, reasoning that the stipulation imposing the financing deadline constituted a condition suspensive, the non-fulfillment of which automatically extinguished the underlying agreement, irrespective of whether the condition's failure was attributable to the buyer.