Vendor Forfeits Payment Right Due to Non-Delivery of Receipt
France (FR)
Synthèse Legislator
Généré par l'IAA vendor who delivered goods under an agreement that stipulated payment upon presentation of a delivery receipt, but failed to deliver the receipt until after the buyer had already obtained the goods through a third party using forged documents, was held by the court to have relinquished their right to demand payment from the original buyer based on the contractual condition, as the breach of the delivery obligation effectively discharged the corresponding payment obligation; therefore, the subsequent claim for payment based on the contract was rejected.
Regeste Legislator
Généré par l'IAVendor Forfeits Payment Right Due to Non-Delivery of Receipt: A vendor who delivered goods under an agreement that stipulated payment upon presentation of a delivery receipt, but failed to deliver the receipt until after the buyer had already obtained the goods through a third party using forged documents, was held by the court to have relinquished their right to demand payment from the original buyer based on the contractual condition, as the breach of the delivery obligation effectively discharged the corresponding payment obligation; therefore, the subsequent claim for payment based on the contract was rejected.