JURITEXT000006956965 Généré par l'IA

Breach of Promise to Sell and Transfer of Ownership Rights

Numéro de cause JURITEXT000006956965

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-04-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A claim for compensation for damages resulting from a breach of a promise to sell, where the promisor later sold the property to a third party, was dismissed because, under the relevant law at the time, a mere promise to sell, even if registered, did not transfer ownership rights to the beneficiary, and thus the subsequent sale to a third party, who acted in good faith, did not constitute a fault engaging the liability of the promisor, as the obligation was one of means rather than result regarding the finalization of the sale.

Regeste Legislator

Généré par l'IA

Breach of Promise to Sell and Transfer of Ownership Rights: A claim for compensation for damages resulting from a breach of a promise to sell, where the promisor later sold the property to a third party, was dismissed because, under the relevant law at the time, a mere promise to sell, even if registered, did not transfer ownership rights to the beneficiary, and thus the subsequent sale to a third party, who acted in good faith, did not constitute a fault engaging the liability of the promisor, as the obligation was one of means rather than result regarding the finalization of the sale.