SALE
LexInter | January 23, 2002 | 0 Comments

SALE

The sale is the fundamental instrument and characteristic of trade , particularly with the purchase and resale, and the market .

Common sales law is of essential importance in legal relations, whether for individuals or for companies.

The sale concerns both movable objects and buildings, both intangible objects and tangible objects.

Moreover, the qualification of sales is extended more and more to the provision of services, qualified as the sale of services.

The right of sale therefore applies to the sale of food products as well as to the food manufacturing plant, to the sale of software as to the sale of paintings, to the sale of a house as well as to the sale of sand.

The provisions of the legislation can, except for the legal guarantee in the contracts with the consumers, be modified by the will of the parties.

For international sales various international conventions are likely to apply

  • the Hague Convention of June 15, 1955 on the law applicable to international sales of movable articles
  • the Hague Convention of July 1, 1964 providing a uniform law on the international sale of movable articles
  • the Vienna Convention on Contracts for the International Sale of Goods

 Neighboring contracts

    location :

the price for making the item available is paid in installments in successive installments

    the business contract:

The fact that goods are manufactured at the request of the customer does not make the contract a contract of enterprise and does not preclude qualification as a contract of sale. When the supply relates to a good to be manufactured or produced, the operation is a sale when the share of material entering into the production of the good in question is greater than that of the work of shaping this material

The contract is not a contract of sale, but a contract of enterprise if a party entrusts to the second the realization of a specific product which does not correspond to characteristics determined in advance by the latter but is intended to meet the particular needs expressed by the first part incompatible with mass production likely to be carried out for the benefit of other customers (Cass. 3e Civ., May 11, 2005   Cass. com. November 7, 2006 )

   The donation

When the transfer of ownership is without serious consideration, the contract can be reclassified as an indirect donation, it can be reclassified as a disguised donation if the apparent price is not paid.

 

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