Violates the provisions of the law of

Application pratique:

Under the law applicable in Alsace-Moselle, a sale of land only lapses if the authentic deed is not signed within the legally fixed 6-month period (Article 42 of the Law of 1 June 1924). Contractual clauses reducing this period are invalid. Sophie should calmly assure the seller that the sale remains valid despite the missed 3-month deadline, and proceed to signing at the earliest opportunity. If the seller attempts to cancel, she can rely on this decision to enforce the sale.

Application pratique:

The Court of Cassation ruled that the 6-month period for executing the authentic deed under the 1924 local law cannot be contractually reduced. The sanction of lapse only applies after the full 6 months. Jean cannot declare the sale void based on the contractual 4-month deadline. He must honour the sale and wait for the deed to be signed within the legal period, or only cancel after 6 months if still not executed. He should instruct his notary to proceed with the deed despite the delay.

Application pratique:

The law of 1 June 1924, as interpreted by this decision, makes clear that any contractual reduction of the 6-month period is invalid. Marc cannot artificially shorten the time frame to deprive his co-owner sibling of the pre-emption right. The sibling has the full 6-month legal period to complete the purchase after exercising the right. He should formally notify Marc that he relies on the legal deadline and proceed with financing. If Marc tries to sell to the third party before 6 months, the sibling can challenge the sale in court.