Contract Validity and Subsequent Authorization Acquisition
France (FR)
Synthèse Legislator
Généré par l'IAA dispute arose concerning a contract where one party claimed the agreement was void because the object lacked an essential element, specifically a required legal authorization, which was only obtained after the contract's conclusion. The Court of Cassation rejected the appeal, holding that while the object of a contract must exist and be lawful at the time of formation, the subsequent acquisition of a necessary administrative authorization, if obtained before the final judgment, validates the contract retroactively, as the lack of authorization merely rendered the execution of the contract temporarily impossible, not its formation void.
Regeste Legislator
Généré par l'IAContract Validity and Subsequent Authorization Acquisition: The Court of Cassation rejected the appeal, holding that while the object of a contract must exist and be lawful at the time of formation, the subsequent acquisition of a necessary administrative authorization, if obtained before the final judgment, validates the contract retroactively, as the lack of authorization merely rendered the execution of the contract temporarily impossible, not its formation void.