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
i): Status of seller
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
234. Conditions for application
1 minute de lecture
The scope of application of warranty disclaimer clauses is limited. In effect, the case law imposes on professional sellers a presumption of awareness of latent defects, which precludes them from relying on such clauses, except, under certain conditions involving a same-sector professional. In addition, Article R. 212-1 of the Consumer Code deems unfair any clause by which a professional eliminate …