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
I: Concept 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
587. Proof of pre-existence of defect
1 minute de lecture
The buyer who brings an action for latent defects must establish proof of the pre-existence of the defect.
1) Burden of proof
The buyer who bears the burden of proof cannot merely allege the existence of a defect, without establishing its pre-existence , even when the circumstances of the occurrence of the defect suggested that it necessarily pre-existed the sale. Thus, the mere fact that a vehic …
