French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Article R. 212-1, 12° (former Article R. 132-1, 12°) of the Consumer Code deems irrefutably unfair clauses whose purpose or effect is to “impose on the non-professional or the consumer the burden of proof, which, under the applicable law, should normally lie with the other party to the contract” . Article R. 212-2, 9° supplements the system by prohibiting clauses which unduly limit the means of pr …

 Methods of proof

Article R. 212-1, 12° (former Article R. 132-1, 12°) of the Consumer Code deems irrefutably unfair clauses whose purpose or effect is to “impose on the non-professional or the consumer the burden of proof, which, under the applicable law, should normally lie with the other party to the contract” . Article R. 212-2, 9° supplements the system by prohibiting clauses which unduly limit the means of proof available to the non-professional or consumer .

Clauses which give the professional control over proof of the proper performance of its own obligations create an imbalance in the rights and obligations of the parties. The clause which presumes the good condition of the apartment rented in the absence of an inventory drawn up at the time of entry of a new tenant, is therefore unfair . The same applies to that contained in a contract for the supply of gas with the provision of a tank, according to which the quantity delivered is the one indicated on the delivery note, without the consumer being able to provide evidence to the contrary .

Similarly, the professional cannot establish a hierarchy between the admissible forms of evidence, by prioritizing the tax information used as a basis for billing over any other evidence , or by requiring the consumer to resort to an expert appraisal to provide evidence of a hidden defect, when such evidence may be provided by any means . In addition, under the guise of defining the incident guaranteed, an insurer cannot limit to predetermined and cumulative indices the evidence of its occurrence . On the other hand, a clause in an insurance contract which makes compensation for theft of the vehicle subject to proof of a break-in only when the vehicle in question has been found is not imbalanced since, in such a case, it is still possible to show evidence of the break-in . Finally, it cannot require the consumer to send any claim or challenge of an invoice by letter to the customer service, whereas it authorizes itself to send notifications by simple emails presumed to be read upon receipt .

  See, for an application: Cass. 1re civ., February 1, 2005, LawLex200500004121JBJ, stating that "by express agreement, to limit the costs of the loan, the issuance of the information" required by Article L. 311-9 of the Consumer Code "will be established by the production of the computer record of the dispatch", the professional is exempt from providing evidence incumbent on it of the content of the borrower's information on the conditions of renewal of the contract, and therefore excludes any subsequent dispute.

  For an illustration, CA Rouen, 31 March 2016, LawLex201600000808JBJ.

  TGI Grenoble , 22 May 1997, LawLex200300001255JBJ.

 See TGI Nanterre, 2 September 2003, LawLex200400000457JBJ.

 TGI Nanterre, 17 March 1999, LawLex200300001879JBJ.

 TGI Bordeaux, 11 March 2008, LawLex200800000346JBJ.

 CA Paris, 12 January 2016, LawLex201600000188JBJ; CA Versailles, 9 June  2016, LawLex201600001124JBJ.

CA Versailles, 23 January 2020, LawLex202000000117JBJ.

 TGI Paris, 5 April 2005, LawLex201400000289JBJ.

French Consumer Law

435. Methods of proof

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

435. Methods of proof

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise