French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Advertising and sales promotion
Section 1: Mistake
I: Material element
II: Moral element
III: Evidence
B: Action for damages
Chapter 2: Information and advice obligation
Title 2: Unfair terms
Title 3: Distance and off-premises contracts
Title 4: Other sales techniques
Part 3: After Sale
381. Action for invalidity (nullité)
1 minute de lecture
Pursuant to Article 1139 (former Article 1116, paragraph 1) of the Civil Code, fraud is sanctioned by the annulment of the contract, not by its cancellation or termination . Nevertheless, according to the Court of Cassation, the trial judges cannot dismiss an action for cancellation based on this provision, on the grounds that the sanction of fraud is the annulment and not the cancellation of the …