JURITEXT000006957448 Généré par l'IA

Contract Annulment Due to Potestative Condition Precedent

Numéro de cause JURITEXT000006957448

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-16

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party to a civil contract, whose obligations were contingent upon a prior condition precedent involving an administrative authorization, sued for breach after the authorization was finally refused, seeking annulment of the contract and damages; the court rejected the appeal, reasoning that the obligation was subject to a potestative condition dependent solely on the will of the debtor, rendering the underlying commitment null and void from its inception, thus precluding any claim for breach damages against the other party who had not defaulted.

Regeste Legislator

Généré par l'IA

Contract Annulment Due to Potestative Condition Precedent: A party to a civil contract, whose obligations were contingent upon a prior condition precedent involving an administrative authorization, sued for breach after the authorization was finally refused, seeking annulment of the contract and damages; the court rejected the appeal, reasoning that the obligation was subject to a potestative condition dependent solely on the will of the debtor, rendering the underlying commitment null and void from its inception, thus precluding any claim for breach damages against the other party who had not defaulted.