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

As the obligation to deliver goods in conformity is a results-based obligation, the burden of proof of its performance lies with the seller . In effect, the buyer must only establish the non-conformity of the good purchased without having to prove the existence of a fault . It is for the seller to prove that it has fulfilled its obligation  or to invoke a cause of exemption to relieve itself of it …

Burden of proof

As the obligation to deliver goods in conformity is a results-based obligation, the burden of proof of its performance lies with the seller . In effect, the buyer must only establish the non-conformity of the good purchased without having to prove the existence of a fault . It is for the seller to prove that it has fulfilled its obligation  or to invoke a cause of exemption to relieve itself of its liability.

Pursuant to Article 1353 (former Article 1315) of the Civil Code, “whoever claims to have been released from an obligation must justify the payment or the fact that produced its extinction”. When the buyer makes a claim for compensation, he must prove that the damage results from the seller's failure to fulfil its obligation to deliver goods in conformity . Similarly, the seller who claims from the buyer compensation corresponding to the depreciation suffered by the thing due to its use by the him, must prove the existence and the extent of this depreciation .

  Cass. com., 23 October 1990, LawLex200500008714JBJ. See also Cass. com., 10 February 2015, LawLex201500000467JBJ, which considers that evidence of the performance of the obligation to deliver highly sophisticated equipment necessary implies establishing the effectiveness of their implementation.

  Cass. com., 8 November 2011, LawLex201300000689JBJ; CA Nancy, 9 December 1992, LawLex200500010199JBJ.

  Cass. com., 11 December 2001, LawLex200500008711JBJ.

  CA Amiens, 11 October 2012, LawLex201300000662JBJ.

  Cass. com., 21 March 2006, LawLex200600000930JBJ.

French Consumer Law

506. Burden of proof

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

506. Burden 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