Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
Chapter 1: Pre-contractual negotiations
I: Formation
A: Exercise of the option
1°: Waiver of the option right
a): Voidance (caducité)
b): Substitution
i): Penalty for breach
Section 2: Unilateral promise to purchase
Section 3: Bilateral promise of sale (Promesse synallagmatique de vente)
Section 4: Pre-emption agreement (Pacte de préférence)
Chapter 3: Consent to the sale
Title 3: Performance of the contract of sale
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
87. Enforceability of the sale
1 minute de lecture
Pursuant to Article 1124, paragraph 3, a contract of sale entered into in breach of a unilateral promise with a third party who was aware of its existence is null and void. Conversely, a sale executed with a third party to the promise, in good faith, remains valid, and enforceable against the prior promisee, who is a third party to said sale.
Thus, the sale to a second purchaser of a property whic …
