Breach of Warranty Against Prior Encumbrance (Right of Preference)
France (FR)
Synthèse Legislator
Généré par l'IAA seller, having contracted to sell land that was subject to an established and known right of preference in favor of a third party, proceeded with the sale despite the third party's intention to exercise their right; the court held that the original seller's obligation to guarantee peaceful possession against such prior established rights meant that the subsequent purchaser could validly invoke the breach of this warranty, leading to the ultimate rejection of the seller's appeal because the breach of the warranty of peaceful enjoyment, stemming from the known, existing right of preference, justified the buyer's remedy against the seller.
Regeste Legislator
Généré par l'IABreach of Warranty Against Prior Encumbrance (Right of Preference): A seller, having contracted to sell land that was subject to an established and known right of preference in favor of a third party, proceeded with the sale despite the third party's intention to exercise their right; the court held that the original seller's obligation to guarantee peaceful possession against such prior established rights meant that the subsequent purchaser could validly invoke the breach of this warranty, leading to the ultimate rejection of the seller's appeal because the breach of the warranty of peaceful enjoyment, stemming from the known, existing right of preference, justified the buyer's remedy against the seller.