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
b): Proof
2°: Non-apparent defect
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
192. Defect present prior to or at the time of sale
1 minute de lecture
Article 1641 of the Civil Code obliges the seller to guarantee against “ hidden defects of the thing sold ”. The defect must have existed at the time of sale, as it is only covered by the warranty if it existed prior to the transfer of risk . Determining the exact date on which the defect arose, as opposed to the date of its appearance, which may be later, is therefore crucial. To do this, the cou …
