Specific performance of a retracted unilateral promise to sell: the Cour de cassation confirms

The French Supreme Court (Cour de cassation), continuing the reversal of its case law since a decision of 23/06/2021, holds that a unilateral promise to sell is a preliminary contract containing, in addition to the seller's consent, the essential terms of the final contract.

The promisor is therefore definitively bound to sell as soon as the preliminary contract is concluded, with no possibility of withdrawal, unless otherwise stipulated.