About a ruling by the Supreme Court dated January 12, 2010 (Civ . 3, 12 January 2010, F- 9 + B, No. 08-18624 )
synallagmatic A promise of sale had been concluded under the suspensive condition of obtaining a permit building.
constuire permit was not obtained but the buyer wanted, however, reiterate the sale.
Faced with the refusal of the seller, the buyer has initiated an action for forcible execution of the sale, arguing that his waiver of a condition precedent stipulated in its own interest.
The Supreme Court agrees with him on the ground that the condition precedent had been stipulated in the exclusive areas of interest the buyer, it could " waive the benefit of this condition with the non-implementation could void the promise "
synallagmatic A promise of sale had been concluded under the suspensive condition of obtaining a permit building.
constuire permit was not obtained but the buyer wanted, however, reiterate the sale.
Faced with the refusal of the seller, the buyer has initiated an action for forcible execution of the sale, arguing that his waiver of a condition precedent stipulated in its own interest.
The Supreme Court agrees with him on the ground that the condition precedent had been stipulated in the exclusive areas of interest the buyer, it could " waive the benefit of this condition with the non-implementation could void the promise "
Yann Gallon - Lawyer
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