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
Title 2: Warranty against latent defects
Chapter 1: EU law
Chapter 2: Ordinary product safety law
Section 2: Contractual liability
Section 3: Tort and quasi-tort liability
Chapter 4: Liability for defective products
656. Principle of non-cumulation of contractual and tort liabilities
1 minute de lecture
It is on the basis of Articles 1104 (former Article 1134, paragraph 3) and 1194 (former Article 1135) of the Civil Code, which deal with the concepts of good faith and fairness, that case law developed the conception of safety obligation by placing it in a contractual framework. When the victim of the damage is a third party to the contract, he can only bring an action for damages against the debt …