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Case:
D. 1956, 749 Case Fornas v. Jacquin
Date:
12 July 1956
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

The Court:

In view of article 1121 Code civil;

Given that while the third party beneficiary of a promise in his favour acquires a direct claim of his own against the promisor, the promisee also has a right to enforce the promise;

Given that it emerges from the decision under attack (Lyons, 20 October 1952) that Fornas, to whom his debtor Perret had pledged 98,000 shares in a cement company, agreed to let Perret sell 45,000 of those shares, and that the purchaser, Jacquin, promised in a document signed at the time of the transfer to invest in that company the sum of 60 million francs; given that this promise never having been fulfilled and the company now being in liquidation, Fornas sued for an order that Jacquin pay the liquidator the sum due of 60 million francs;

Given that the Court below accepted that there was here a contract for the benefit of a third party but nevertheless dismissed Fornas’s claim on the ground that he was not entitled to bring this action which was vested in the company alone;

But given that the Court of Appeal has given no legal basis for this decision;

For these reasons QUASHES the decision …

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