Contract Voidance Due to Untimely Building Permit
France (FR)
Synthèse Legislator
Généré par l'IAA contract for the sale of land, concluded under the condition that a building permit be obtained within a specified timeframe, was rendered void when the permit was formally denied by the competent administrative authority, even though the denial was subsequently overturned on appeal; the court reasoned that the fulfillment of the suspensive condition, concerning the obtaining of the permit, must be assessed at the deadline stipulated in the agreement, and since the permit had not been obtained by that date, the contract was definitively extinguished prior to the later administrative decision that cured the initial rejection.
Regeste Legislator
Généré par l'IAContract Voidance Due to Untimely Building Permit: A contract for the sale of land, concluded under the condition that a building permit be obtained within a specified timeframe, was rendered void when the permit was formally denied by the competent administrative authority, even though the denial was subsequently overturned on appeal; the court reasoned that the fulfillment of the suspensive condition, concerning the obtaining of the permit, must be assessed at the deadline stipulated in the agreement, and since the permit had not been obtained by that date, the contract was definitively extinguished prior to the later administrative decision that cured the initial rejection.