Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
Chapter 1: Pre-contractual negotiations
Section 1: Unilateral promise to sell
Section 2: Unilateral promise to purchase
I: Formation
A: Breach of promise of sale
2°: Enforcability of the sale
C: Voidance of promise
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
97. Sanction for breach
1 minute de lecture
According to case law, a promisor who sells the property covered by a bilateral promise of sale (promesse synallagmatique de vente) to a third party is always in breach of his commitments to the beneficiary, to whom he owes compensation . With regard to third-party purchasers, the courts distinguish between those acting in good faith and those acting in bad faith. A third-party purchaser acting in …