JURITEXT000006963396 Généré par l'IA

Private Transfer Priority Dispute Against Registered Third Party

Numéro de cause JURITEXT000006963396

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-06-19

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A party, after accepting a transfer of a right under private signature which required notarization for opposability to third parties, subsequently sought to rely on the transfer against a third party who had perfected their rights by registering a competing transfer, leading the court to rule that the initial private transfer, not having been recorded, was ineffective against the third party who had complied with the required formalities, thus confirming the third party's superior right to the transferred asset.

Regeste Legislator

Généré par l'IA

Private Transfer Priority Dispute Against Registered Third Party: A party, after accepting a transfer of a right under private signature which required notarization for opposability to third parties, subsequently sought to rely on the transfer against a third party who had perfected their rights by registering a competing transfer, leading the court to rule that the initial private transfer, not having been recorded, was ineffective against the third party who had complied with the required formalities, thus confirming the third party's superior right to the transferred asset.