JURITEXT000006963344 Généré par l'IA

Sale Nullity for Loss of Object After Contract Perfection

Numéro de cause JURITEXT000006963344

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-06-18

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A party sought the nullity of a contract for sale based on a claim that the object of the sale was missing at the time of the agreement, arguing that the subject matter, an immovable property, had been entirely destroyed by fire before the finalization of the sale; however, the court upheld the lower court's decision dismissing the nullity claim, reasoning that for the nullity of a sale due to the loss of the object to apply, the total destruction must occur *before* the perfection of the contract, and in this case, the destruction occurred *after* the requisite agreement on the thing and the price had been reached, thus transferring ownership and risk to the buyer prior to the fire.

Regeste Legislator

Généré par l'IA

Sale Nullity for Loss of Object After Contract Perfection: A party sought the nullity of a contract for sale based on a claim that the object of the sale was missing at the time of the agreement, arguing that the subject matter, an immovable property, had been entirely destroyed by fire before the finalization of the sale; however, the court upheld the lower court's decision dismissing the nullity claim, reasoning that for the nullity of a sale due to the loss of the object to apply, the total destruction must occur *before* the perfection of the contract, and in this case, the destruction occurred *after* the requisite agreement on the thing and the price had been reached, thus transferring ownership and risk to the buyer prior to the fire.