LexInter | December 30, 2002 | 0 Comments


Section I: Consent
Article 1109
There is no valid consent if the consent has been given only by mistake , or if it has been extorted by violence or surprised by fraud .   Supreme Court 3 e Civ. May 24, 2000 , n    O.Tournafond ,   Le Dalloz, n ° 11, March 14, 2002, Case law summaries pp. 926

Violates art. 1109 CC the court of appeal which, to accept the request for the realization of the sale of an apartment made by a tenant against an owner on the basis of art. 10 of law n ° 75-1351 of 12/31/1975, retains that all the premises for residential use being sold, art. 10 precluded the application of the lessee’s right of pre-emption, but that, however, it did not matter that the pre-emption offer was made as a result of an error which has no effect on its validity once the offer was accepted at the projected sales conditions.  


Court of Appeal of Reims, February 15, 2001, Mr. Tazi v Société Sogefinancement et al., Juris-Data number 2001-154214, Raymond, Guy, Contracts Competition Consumption, n

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