JURITEXT000006957497 Généré par l'IA

Sale Rescission Based on Condition Subsequent in Buyer's Interest

Numéro de cause JURITEXT000006957497

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-15

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

An individual, having entered into a sales agreement for property with a condition subsequent allowing for rescission upon failure to obtain administrative authorization within a specified period, sought to have the sale nullified after the deadline passed without the required authorization, but the seller had previously notified the buyer of the rescission due to non-compliance; the court upheld the lower court's decision, reasoning that the condition subsequent was stipulated solely in the interest of the buyer, and thus the buyer had the right, but not the obligation, to invoke the rescission, which they had effectively waived by not exercising it upon the seller's timely notice, thereby affirming the validity of the sale.

Regeste Legislator

Généré par l'IA

Sale Rescission Based on Condition Subsequent in Buyer's Interest: An individual, having entered into a sales agreement for property with a condition subsequent allowing for rescission upon failure to obtain administrative authorization within a specified period, sought to have the sale nullified after the deadline passed without the required authorization, but the seller had previously notified the buyer of the rescission due to non-compliance; the court upheld the lower court's decision, reasoning that the condition subsequent was stipulated solely in the interest of the buyer, and thus the buyer had the right, but not the obligation, to invoke the rescission, which they had effectively waived by not exercising it upon the seller's timely notice, thereby affirming the validity of the sale.