Business Contracts

In the event of the seller's failure to comply with his obligation to deliver the good in conformity, the special law governing sales allows the buyer to request either performance or rescission of the contract (Art. 1610) , with the added possibility of requesting damages where the seller's failure to comply has caused harm (Art. 1611) . 

Ordinary civil law, as amended by Ordinance No 2016-131, in particular Article 1217 of the Civil Code , which enshrines similar remedies in the event of non-performance of the contract, also allows buyers seeking to preserve the contract of sale to raise a plea of non-performance or risk of non-performance, or to demand a reduction in price.

Art. 1610, Civil Code: “If the seller fails to deliver the goods within the time agreed between the parties, the purchaser may, at his option, request that the sale be rescinded, or that he be placed in possession, if the delay is solely due to the seller”.

Art. 1611, Civil Code: “In all cases, the seller shall be ordered to pay damages, if the buyer suffers harm as a result of failure to deliver at the agreed time”.

Art. 1217, Civil Code: "The party to whom the obligation has not been performed, or has been performed incompletely, may :

- refuse to perform or suspend performance of his own obligation ;

- pursue specific performance of the obligation;

- claim compensation for the consequences of non-performance.

Sanctions which are not incompatible may be aggregated; damages may always be added to them".

177. Sanctions