JURITEXT000006962330 Généré par l'IA

Seller's Transfer of Possession Constituted Waiver of Contractual Condition Subsequent

Numéro de cause JURITEXT000006962330

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-02

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A building owner, having sold a property and transferring possession on the day of the sale, sought to enforce a clause in the sale agreement requiring the buyer to complete specific construction work by a certain date, but the buyer failed to do so; the court overturned the lower court's decision, reasoning that the seller, by voluntarily transferring possession before the established deadline for the construction work, waived the right to enforce the resolutory condition stipulated in the contract, as the transfer of possession made it impossible for the seller to enforce the obligation according to the stipulated timeline.

Regeste Legislator

Généré par l'IA

Seller's Transfer of Possession Constituted Waiver of Contractual Condition Subsequent: A building owner, having sold a property and transferring possession on the day of the sale, sought to enforce a clause in the sale agreement requiring the buyer to complete specific construction work by a certain date, but the buyer failed to do so; the court overturned the lower court's decision, reasoning that the seller, by voluntarily transferring possession before the established deadline for the construction work, waived the right to enforce the resolutory condition stipulated in the contract, as the transfer of possession made it impossible for the seller to enforce the obligation according to the stipulated timeline.