JURITEXT000006957011 Généré par l'IA

Purchaser's Right to Shares Against Seller's Heirs vs. Requirement for Formal Company Registration

Numéro de cause JURITEXT000006957011

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-03

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

A purchaser of shares, upon the seller's death before the transfer was fully recorded, sought to have the transfer recognized against the seller's heirs, arguing that the sale was perfected by the agreement and delivery of the share certificates, which was the custom for such transactions, despite the lack of formal registration with the company; the court partially quashed the decision, reasoning that while the agreement and delivery of certificates established a right to the shares against the seller and their heirs, the transfer, as a right against the company and third parties, remained subject to the statutory requirement of endorsement or registration on the company's books, which had not yet occurred.

Regeste Legislator

Généré par l'IA

Purchaser's Right to Shares Against Seller's Heirs vs. Requirement for Formal Company Registration: A purchaser of shares, upon the seller's death before the transfer was fully recorded, sought to have the transfer recognized against the seller's heirs, arguing that the sale was perfected by the agreement and delivery of the share certificates, which was the custom for such transactions, despite the lack of formal registration with the company; the court partially quashed the decision, reasoning that while the agreement and delivery of certificates established a right to the shares against the seller and their heirs, the transfer, as a right against the company and third parties, remained subject to the statutory requirement of endorsement or registration on the company's books, which had not yet occurred.