JURITEXT000006956617 Généré par l'IA

Seller's Sale to Third Party Despite Prior Promise to Sell

Numéro de cause JURITEXT000006956617

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-15

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A party contracted to purchase an immovable property, and after the promise to sell was signed, the seller, before the final deed was executed, sold the property to a third party who was aware of the prior agreement, leading the initial buyer to sue for damages, arguing the third party's knowledge constituted bad faith; the court of cassation quashed the lower court's decision, reasoning that while the third party's awareness of the prior commitment to sell could potentially establish grounds for damages based on tortious fault (Article 1382 of the Civil Code), it did not automatically grant the initial buyer the right to compel the execution of the sale against the third-party purchaser, as the latter, having perfected their right through a notarized deed, legally preempted the prior, non-executed promise to sell.

Regeste Legislator

Généré par l'IA

Seller's Sale to Third Party Despite Prior Promise to Sell: A party contracted to purchase an immovable property, and after the promise to sell was signed, the seller, before the final deed was executed, sold the property to a third party who was aware of the prior agreement, leading the initial buyer to sue for damages, arguing the third party's knowledge constituted bad faith; the court of cassation quashed the lower court's decision, reasoning that while the third party's awareness of the prior commitment to sell could potentially establish grounds for damages based on tortious fault (Article 1382 of the Civil Code), it did not automatically grant the initial buyer the right to compel the execution of the sale against the third-party purchaser, as the latter, having perfected their right through a notarized deed, legally preempted the prior, non-executed promise to sell.