A Court of Appeal cannot be criticised for

Application pratique:

Under Article 1178 of the Civil Code, if a buyer deliberately prevents the fulfilment of a suspensive condition, the condition is deemed fulfilled. Here, the incomplete application amounts to preventing the condition. The buyer should argue that the condition is deemed fulfilled, thus the sale is binding. They should immediately complete the application properly and notify the seller in writing, referencing this case law to protect their deposit.

Application pratique:

The tenant's omission is a deliberate act preventing the loan condition. Under this case law, the condition is deemed fulfilled, so the sale is valid. The landlord can enforce the sale by sending a formal notice to the tenant to complete the purchase, referencing the court's interpretation. If the tenant refuses, the landlord may seek specific performance in court, relying on the deemed fulfilment rule.

Application pratique:

Mrs. Martin's delay and missing documents constitute preventing the condition. Under the case law, the condition is deemed fulfilled, so the sale is effective. Mr. Dupont should immediately notify Mrs. Martin in writing that the condition is fulfilled and demand payment. If she fails to pay, he can file a lawsuit to force the sale, citing the deemed fulfilment principle. Both parties should keep all correspondence as evidence.