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
Section 2: Pre-existence of defect
Section 3: Non-apparent nature of defect
I: Inherent defect
A: Intended purpose of the thing
III: Proof
Chapter 2: Implementation of the warranty
Title 3: Product safety
604. Decisive nature of the defective element
1 minute de lecture
Article 1641 of the Civil Code distinguishes between two types of defects: those which render the thing unfit for its use and those which have the consequence of reducing this use. In this last case, the text specifies that they must be such that “the would not have acquired it, or would have given a lesser price if he had known them”. Thus, the buyer cannot enforce the seller's warranty if it is …