Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
Title 2: Formation of the contract of sale
Chapter 1: Transfer of rights in rem
Section 1: Buyer's obligations
I: Information obligation
II: Obligation to deliver goods in conformity
III: Warranty against dispossession (Garantie d’éviction)
A: Scope of application
1°: Pre-existence of defect
2°: Non-apparent defect
a): Inherent defect
b): Defect affecting use of the thing
C: Enforcement of the warranty
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
205. Proof
1 minute de lecture
In accordance with Article 1353 of the Civil Code, it is the responsibility of the buyer - or the intermediary seller in the context of a recourse action - to demonstrate the unfit condition of the item for its intended use, if necessary by requesting an expert appraisal . The court may lighten the burden of proof by resorting to the method of proof by retrenchment (by elimination). The conduct …
