JURITEXT000006962521 Généré par l'IA

Seller Seeks Rescission Based on Undisclosed Preemption Right

Numéro de cause JURITEXT000006962521

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-07

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A purchaser contracted to buy land from the seller, who claimed the contract was voidable because the property was subject to a right of preemption held by a third party that the seller had not disclosed, leading the seller to seek rescission; however, the court rejected the seller's appeal, reasoning that the seller's failure to disclose the preemption right did not automatically invalidate the sale agreement, as the obligation to disclose such matters typically falls upon the purchaser to investigate title, and the preemption right itself did not prevent the completion of the sale absent its actual exercise by the holder.

Regeste Legislator

Généré par l'IA

Seller Seeks Rescission Based on Undisclosed Preemption Right: A purchaser contracted to buy land from the seller, who claimed the contract was voidable because the property was subject to a right of preemption held by a third party that the seller had not disclosed, leading the seller to seek rescission; however, the court rejected the seller's appeal, reasoning that the seller's failure to disclose the preemption right did not automatically invalidate the sale agreement, as the obligation to disclose such matters typically falls upon the purchaser to investigate title, and the preemption right itself did not prevent the completion of the sale absent its actual exercise by the holder.