Cour de Cassation, Chambre civile 1, du 30 avril 1970, 68-13.534, Publié au bulletin
Presiding Judge | M. Ancel |
Citation | CF. Cour de Cassation (Chambre sociale ) 1954-01-29 Bulletin 1954 IV N. 67 (3) P. 49 (REJET)<br/> |
Case Outcome | REJET |
Counsel | Demandeur M. Goutet |
Date | 30 avril 1970 |
Docket Number | 68-13534 |
Court | Première Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Cour de Cassation Chambre civile 1 N. 148 P. 119 |
ATTENDU QU'IL EST FAIT GRIEF A LA COUR D'APPEL D'AVOIR DECIDE QUE LES PROMESSES SYNALLAGMATIQUES AYANT CONSTATE LA VENTE ETAIENT, A LA DATE DU MARIAGE DE GAILLARD, TOMBEES EN COMMUNAUTE ET DEPENDAIENT DE L'INDIVISION AYANT SUCCEDE A CELLE-CI APRES LA SEPARATION DE CORPS INTERVENUE ENTRE LES EPOUX, AUX MOTIFS QUE, JUSQU'A LA REALISATION DE LA CONDITION QUI LES AFFECTAIT, GAILLARD N'ETAIT TITULAIRE, A L'EGARD DE LA SOCIETE GENERALE FONCIERE, QUE D'UNE CREANCE MOBILIERE DE SIGNER L'ACTE AUTHENTIQUE ET QUE, LE TRANSFERT DE LA PROPRIETE ETANT REPORTE AU JOUR DE LA PASSATION DE L'ACTE, IL NE POUVAIT RETROAGIR AU JOUR DE LA SIGNATURE DES PROMESSES, ALORS QUE, D'UNE PART, LE DROIT RESULTANT DE LA VENTE DESIMMEUBLES SOUS CONDITION SUSPENSIVE ETAIT UN DROIT ACQUIS, DE CARACTERE REEL, PUISQU'IL PORTAIT SUR DES IMMEUBLES QUI POUVAIENT ETRE HYPOTHEQUES ET QUE D'AUTRE PART, LA CONDITION SUSPENSIVE ACCOMPLIE PRODUIT UN EFFET...
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