PROFESSIONAL
LexInter | December 5, 2009 | 0 Comments

PROFESSIONAL

Both legislative texts and case law develop standards applicable to professionals. The notion of professional which is the basis of these obligations differs from the notion of informed person and is opposed to the notion of consumer but also of non-professional. There is a development of the law of professional activity, imposing standards of behavior on the professional. The law of independent professional activity transcends the distinctions between private and public activities, between civil and commercial activities. The professional sees the application of the rules of commercial law extended, in particular with regard to the difficulties of his activity. The criterion of professionalism does not lie in the accomplishment of “professional acts ”, nor in the quality of“ professional ”, but in the exercise of an“ activity ”.

Professional and security

The obligation of safety weighs on professionals: it reflects the requirement of trust.

Professionals and consumer law

Article L. 132-1 of the Consumer Code covers “contracts concluded between professionals and non-professionals or consumers”.

Article L134-4 Commercial Code    The commercial agent must carry out his mandate as a good professional  ; the principal must enable the commercial agent to carry out his mandate.

Consumer law and professional concept

the court of appeal, appreciating all the factual elements in the debate and after noting that the technicality and the cost of the material in question were addressed only to a professional, sovereignly considered that this acquisition had a direct relation with the professional activity, even future, of the purchaser, of which it did not have to verify the professional competences which he had himself declared Cass. 1st Civ July 10, 2001

 

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