JURITEXT000006957548 Généré par l'IA

Contractual Preemption Right vs. Subsequent Purchaser Lacking Registration

Numéro de cause JURITEXT000006957548

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A dispute arose regarding the validity of a contractual stipulation which allegedly created a perpetual right of preemption over a piece of property. The buyer of the property, who was aware of the stipulation at the time of purchase, subsequently sought to enforce the right against the current owner, arguing the stipulation was binding on successors in title. The court rejected the claim, reasoning that a contractual commitment to grant a right of preemption, absent registration as a real right, constitutes a purely personal obligation between the contracting parties and therefore cannot be enforced against a subsequent owner of the property, regardless of their knowledge of the original agreement.

Regeste Legislator

Généré par l'IA

Contractual Preemption Right vs. Subsequent Purchaser Lacking Registration: The buyer of the property, who was aware of the stipulation at the time of purchase, subsequently sought to enforce the right against the current owner, arguing the stipulation was binding on successors in title. The court rejected the claim, reasoning that a contractual commitment to grant a right of preemption, absent registration as a real right, constitutes a purely personal obligation between the contracting parties and therefore cannot be enforced against a subsequent owner of the property, regardless of their knowledge of the original agreement.