JURITEXT000006962727 Généré par l'IA

Ratification of Unauthorized Land Sale by Subsequent Power of Attorney

Numéro de cause JURITEXT000006962727

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-04-27

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, executed by an agent without proper written authority from the owner, was subsequently ratified by the owner through a notarized power of attorney granted after the sale, leading to a dispute over the initial validity of the transaction. The court ruled that although the initial agreement lacked the necessary formal authorization required for the sale of immovable property, subsequent ratification by the owner, provided it was established with the requisite solemnity, validates the transfer retroactively, meaning the original sale was not void *ab initio* but was subject to a resolutory condition dependent on ratification.

Regeste Legislator

Généré par l'IA

Ratification of Unauthorized Land Sale by Subsequent Power of Attorney: The court ruled that although the initial agreement lacked the necessary formal authorization required for the sale of immovable property, subsequent ratification by the owner, provided it was established with the requisite solemnity, validates the transfer retroactively, meaning the original sale was not void *ab initio* but was subject to a resolutory condition dependent on ratification.