Contract Void for Impossibility Due to Destruction of Specific Subject Matter
France (FR)
Synthèse Legislator
Généré par l'IAA lower court affirmed a ruling that held a contract void for impossibility of performance because the specific subject matter, which was essential to the agreement, had been entirely destroyed before the contract's execution, constituting a supervening event that made fulfilling the obligation objectively impossible; the high court upheld this decision, reasoning that the total loss of the designated object, without any fault attributable to the parties, extinguished the contractual obligation pursuant to the principle that an obligation to deliver a specific thing ceases to exist if that thing perishes.
Regeste Legislator
Généré par l'IAContract Void for Impossibility Due to Destruction of Specific Subject Matter: A lower court affirmed a ruling that held a contract void for impossibility of performance because the specific subject matter, which was essential to the agreement, had been entirely destroyed before the contract's execution, constituting a supervening event that made fulfilling the obligation objectively impossible; the high court upheld this decision, reasoning that the total loss of the designated object, without any fault attributable to the parties, extinguished the contractual obligation pursuant to the principle that an obligation to deliver a specific thing ceases to exist if that thing perishes.