French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Advertising and sales promotion
Part 2: Sale
Title 1: Product conformity
Section 1: Contract of sale
II: Proof of pre-existence
Section 3: Non-apparent nature of defect
Section 4: Unsuitability of the thing
Chapter 2: Implementation of the warranty
Title 3: Product safety
585. Pre-existing or concomitant defect
1 minute de lecture
Article 1641 of the Civil Code obliges the seller to guarantee the “latent defects of the thing sold”. Therefore, the defect must exist at the time of sale. Defects are only covered by the guarantee if they pre-exist the transfer of risks. Determination of the date of birth of the defect, as opposed to its date of occurrence, which may be later, is therefore crucial. To do this, the courts carry o …
