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: Conditions
1°: Basis of action
2°: Claimant in legal action
3°: Debtor of warranty
4°: Warranty limitation period
a): Characterization
ii): Status of buyer
c): Effect
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
235. Status of seller
1 minute de lecture
Professional and occasional sellers are not equally entitled to avail themselves of a warranty disclaimer against the buyer.
1) Professional seller
Although Article 1643 of the Civil Code stipulates that a seller who was unaware of the defects may limit his liability under the warranty, this provision applies only to sellers acting in good faith. However, case law has established an irrebuttable p …
