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In order to protect the physical integrity, health and safety of individuals, the legislator can either totally prohibit the sale of certain so-called dangerous items, or strictly regulate such sales.
It is forbidden to sell animals suffering from, or suspected of suffering from, contagious diseases . Similarly, a residential building may not be proposed for sale if it constitutes, either by itsel …

Dangerous thing (Chose dangereuse)

In order to protect the physical integrity, health and safety of individuals, the legislator can either totally prohibit the sale of certain so-called dangerous items, or strictly regulate such sales.

It is forbidden to sell animals suffering from, or suspected of suffering from, contagious diseases . Similarly, a residential building may not be proposed for sale if it constitutes, either by itself or because of the conditions in which it is occupied, operated or used, a danger or risk to the health or physical safety of persons . The law also prohibits the sale of all varieties of asbestos fibers . It also prohibits the sale of jewelry containing nickel intended to come into direct and prolonged contact with the skin  or the sale of containers containing the endocrine disruptor Bisphenol A and intended for children under three years of age .

Other sales are only subject to regulation. The wholesale and retail sale, including online sales, and any dispensing to the public of medicinal products is reserved for pharmacists . In addition, the sale of all or part of non domestic animals and their products, as well as all or part of non cultivated plants and their products, is subject to declaration or authorization by the administrative authority, depending on the seriousness of their effects on the conservation status of the species concerned, and the risks they present for public health, safety and hygiene . More generally, consumer law stipulates that products and services must, under normal conditions of use or other conditions reasonably foreseeable by the professional seller, be as safe as can legitimately be expected and not be harmful to human health . Thus, a sale of out-of-date products intended for the manufacture of cosmetics, which are not commercially marketable, is considered moot .

Rural And Maritime Fisheries Code, Art. L. 223-7.

Decree No 96-1133 of 24 December 1996 relating to the prohibition of asbestos.

Order of 18 July 2000 prohibiting the marketing of certain nickel-based products.

Law No 2012-1442 of 24 December 2012 suspending the manufacture, import, export and marketing of all food packaging containing bisphenol A.

Cass. com., 16 May 2006, LawLex202100001436JBJ.

Business Contracts

9. Dangerous thing (Chose dangereuse)

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9. Dangerous thing (Chose dangereuse)

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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