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
II: Defect affecting the use of the thing
Chapter 2: Implementation of the warranty
Title 3: Product safety
605. Proof of the defect
1 minute de lecture
In accordance with Article 1353 (former Article 1315) of the Civil Code, it is incumbent upon the buyer - or the intermediary seller in the context of his recourse action - to demonstrate the unsuitability of the thing for its intended purpose, requesting an expert appraisal if necessary . The courts also use the method of proof by retrenchment to ease the burden of proof and the conduct of the …
