La garantie d'éviction dans la vente

Front Cover
Libr. générale de droit et de jurisprudence, 1993 - Business & Economics - 362 pages
BY COMPARISON WITH AUTHORS "LIKING FOR A CLOSELY RELATED OBLIGATION - THE IMPLIED WARRANTY AGAINST HIDDEN DEFECTS - THE IMPLIED WARRANTY AGAINST DISPOSSESSION IN CONTRACTS OF SALE SEEMS RATHER QUAINT IN VIEW OF THE FORTHCOMING BIRTH A UNIFIED EUROPE ; YET, THIS SUBJECT IS BEING BROUGHT INTO PROMINENCE BY THE IMPENDING SINGLE MARKET. THIS COVENANT, INCORPORATED IN CONTRACTS OF SALE IN ROMAN TIMES, SHOWS ITSELF NOWADAYS NO LONGER TO BE JUSTIFIED AS SUCH, ON ACCOUNT OF SEVERAL FACTORS INHERENT IN THE VERY ORGANIZATION OF THE FRENCH LAW ON CONTRACTS OF SALE, AND IN THE PROFOUND NEED TO ENSURE EFFECTIVE AND EQUITABLE PROTECTION FOR THE CONSUMER. IN FACT, COERCED AS IT HAS BEEN, INTO FITTING INTO SITUATIONS BEYOND ITS TRADITIONAL SCOPE, THE VERY EXISTENCE OF THE IMPLIED WARRANTY AGAINST DISPOSSESSION IN BROUGHT INTO QUESTION, AND ITS RECENT ADAPTATION TO THE SPHERE OF COMMERCIAL SALES ARE FAR FROM BEING AT VARIANCE WITH THIS STATE OF AFFAIRS. IN ANY EVENT, ITS CORRELATION WITH THE ORDINARY CONTRACTS LAW AND ITS VARIOUS REMEDIES, SHOWS US THAT PROTECTION FROM THE NON-PERFORMANCE OF THE VENDOR'S COVENANTS, IS AVAILABLE TO THE DISPOSSESSED PURCHASER BY OTHER MEANS THAN THIS SYSTEM, OUT WITH THE NORMAL RULES AGAINST SUCH NON-PERFORMANCE. THUS, WITH THE SPUR OF INTERNATIONAL LAW ENCOURAGED BY THE UNIFICATION EFFECTED BY THE VIENNA CONVENTION. IN FORCE IN FRANCE SINCE JANUARY 1,1988, THE IMPLIED WARRENTY AGAINST DISPOSSESSION AND THE SANCTIONS AGAINST NON-PERFORMANCE CAN AT LAST COMBINE TO GIVE BIRTH TO A SINGLE NIGHT OF ACTION ARISING FROM: FAILURE OF THE OBJECT OF THE SALE TO COMPLY WITH LEGAL IMPLIED WARRANTIES, ABLE TO TAKE OVER FROM PRE-EXISTING REMEDIES IF THE FRENCH LEGISLATEUR SEES FIT.

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

INTRODUCTION
1
LA GARANTIE DU FAIT PERSONNEL
19
Les faits ouvrant droit à la garantie du fait personnel
32
Copyright

19 other sections not shown

Common terms and phrases

Bibliographic information