Suspensive Condition in Sale Promise: Court of Cassation Ruling

Extract

[...] They are dembarrassed by the Paris Court of Appeal in a ruling made on 4 February 2010. They then filed a cassation appeal arguing that the suspensive condition having been stipulated in their sole interest, they could renounce it unilaterally, togetherme aprèdue to their default, rendering the invoked caducity inapplicable by the sellers. The sellers, for their part, claimed that the realization of the suspensive condition, to be valid, should have occurred in the delai pralablement fixed by the parties. [...]

[...] Thus, renunciation had to necessarily occur before the expiration of this deadline, leading, if the case arose, to la ddefault of the condition and therefore to la caducitit is of the sale promise ofison the 20 April 2004. By this decision illustrating the fundamental role of a suspensive, the Court of Cassation opisis a jurisprudential distinction between the condition itself, of exclusive interest and its realization deadline, which can be of common interest to the parties, a controversial interpretation in the light of the reform of the law of obligations. [...]

[...] Court of Cassation, Civil Chamber April 2011, No. 10-15.630 - The delay in the realization of the suspensive condition - Case summary LICENSE 3 LAW Semester 1. General Regime of Obligations bearing the Suspensive Condition of Sale, the Delay in the Realization of the Suspensive Condition The judgment rendered by the courtthe civil chamber of the Court of Cassation on 28 April 2011 deals with the validity of a promise of sale subject to a suspensive condition of sale, shedding light onon a renewed assessment of the deadline for the realization of the condition. [...]