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
b): Apparent or concealed defect
c): In concreto assessment
3°: Unsuitability 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
194. Extent of defect
1 minute de lecture
A defect is only apparent, within the meaning of Article 1642 of the Civil Code, if at the time of sale, the buyer had knowledge of its causes, extent and consequences . According to the Court of Cassation, the fact that the buyer's attention may have been drawn to a one-off corrosion problem at the time of sale does not render the defect apparent, since its full extent could not be determined . I …
