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Showing 631–640 of 60177 articles for “Art. L. 145-16-2 + Cass. 3e civ.”
If the seller has been harmed by more than seven twelfths in the price of an immovable, he has the right to apply for rescission of the sale, even if he had expressly waived the right to apply for suc…
The claim is no longer admissible after the expiry of two years from the day of the sale.This period runs and is not suspended for the duration of the time stipulated for the pact of redemption.
In the event that the action for rescission is admitted, the purchaser has the choice either to return the thing by withdrawing the price he has paid for it, or to keep the land by paying the suppleme…
Rescission for lesion does not take place in favour of the buyer.
The three experts will be appointed ex officio, unless the parties have agreed to appoint all three jointly.
The rules explained in the previous section for cases where several have sold jointly or separately, and for that where the seller or buyer has left several heirs, are similarly observed for the exerc…
Such proof may be made only by a report of three experts, who shall be required to draw up a single joint report, and to form a single opinion by a plurality of votes.
If there are differing opinions, the minutes will contain the reasons for them, without it being permitted to state which opinion each expert was of.
To determine whether there is lesion of more than seven twelfths, the property must be valued according to its condition and value at the time of the sale. In the case of a unilateral promise to sell,…
Proof of injury may be admitted only by judgment, and only in cases where the facts asserted are sufficiently likely and serious enough to give rise to a presumption of injury.
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