Extract
[...] Applicable Law: Upon sale, the seller has fulfilled their obligation of delivery in accordance with articles 1604 and 1609 of the Civil Code, upon signing the sale, he handed over the keys to the apartment, with the transfer of ownership also being simultaneous. In this case, Eric is therefore the owner of the aforementioned apartment. Furthermore, the seller owes him peaceful possession of the sold thing in accordance with article 1625 of the Civil Code, which translates to a guarantee of eviction, notably due to personal fact. That is to say, the seller must not perform any act of a nature to disturb the buyer. [...]
[...] with a clause of reservation of ownership until full payment of the price. Unfortunately, he was only able to pay 65,000 Must Éric still pay the full price? Applicable Law : article 2367 and 2371 of the Civil Code Applicable Law: In accordance with the aforementioned article, the reservation of ownership clause suspends the transitive effect of ownership until the complete payment of the price, it has the nature of a security. In this case, under this clause, if the buyer fails to pay the full price, the seller may request the restitution of the sold goods. [...]
[...] If the thing perishes after the formation of the sale, but before delivery, the loss is borne by the buyer. The latter is required to pay the price, this also applies in the event of force majeure which may be invoked by the seller because the meteorite fall is an unpredictable, irresistible and external event. Force majeure releases the seller from their obligation to perform, even if Éric made a formal demand in accordance with article 1344-2 of the Civil Code to shift the risks to the debtor. [...]
[...] Consequently, the beneficiary must acquire the property once the suspensive condition of obtaining a loan is fulfilled, and the promisor must sell the said property to him. It is entirely possible for Eric to sign another synallagmatic promise with a third party as long as there is agreement on the thing and the price. Nevertheless, Eric will have to add a suspensive condition for obtaining his loan, which conditions the first sale. Indeed, obtaining the loan depends on a future and uncertain event in accordance with article 1181 of the Civil Code. [...]
[...] Facts and Legal Problem : Éric, the buyer of a rented building, wants to sell it to potential buyers who want to buy it without a tenant. Can he evict the tenants from the building due to the sale? Applicable Law : Articles 15 and 25-8 of Law No. 89-462 of July Article 1719 of the Civil Code. Applicable Law: When the landlord wishes to sell a property that he has rented, he must give notice to his tenant. For this there are two scenarios: [...]
