JURITEXT000006962581 Généré par l'IA

Sale of Land Conditional on Government Approval Failure

Numéro de cause JURITEXT000006962581

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-04-02

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, entered into between the seller and a prospective buyer, was subject to the condition precedent that the sale be formally approved by the governmental authority responsible for land use planning; when the authority refused to approve the sale due to a pre-existing municipal zoning plan, the buyer sought to compel the seller to execute the final deed, arguing that the seller had procured the refusal, but the Court of Cassation held that since the condition precedent was not satisfied due to the authority's independent and lawful refusal, the contract was voided automatically, and the seller was not liable for non-performance as there was no proof the seller intentionally caused the negative decision.

Regeste Legislator

Généré par l'IA

Sale of Land Conditional on Government Approval Failure: A contract for the sale of land, entered into between the seller and a prospective buyer, was subject to the condition precedent that the sale be formally approved by the governmental authority responsible for land use planning; when the authority refused to approve the sale due to a pre-existing municipal zoning plan, the buyer sought to compel the seller to execute the final deed, arguing that the seller had procured the refusal, but the Court of Cassation held that since the condition precedent was not satisfied due to the authority's independent and lawful refusal, the contract was voided automatically, and the seller was not liable for non-performance as there was no proof the seller intentionally caused the negative decision.