Moving Contract
LexInter | October 21, 2003 | 0 Comments

Moving Contract

REVIEWED DECISION (S): Cour de cassation, commercial chamber, April 3, 2001, SARL AGS against Mutual insurance of teachers of France (MAIF)

AUTHOR (S): Delebecque, Philippe                                                

REFERENCE: La Semaine juridique, Company edition, n ° 15, April 11, 2002, pp. 670-672                                             

KEYWORDS: Road transport, freight transport, contract, qualification, company contract, regime                                           

The removal contract being a company contract which is differentiated from the transport contract in that its object is not limited to the movement of the goods, the special rules concerning the delivery and the prescription in the transport contract drawn from the articles 103 to 108 of the French Commercial Code, now articles L 133-3 to L 133-6 of this Code, do not apply.

REVIEWED DECISION : Cass. com. April 3, 2001, Bull. civ. I n ° 131

 AUTHORS : B. Bouloc

 REFERENCES : Quarterly review of commercial and economic law, October December 2001, n ° 4, pp. 967

 KEYWORDS : Commercial contracts. Moving contract

 The removal contract is a company contract, distinct from a transport contract. Its purpose is not limited to the sole movement of the goods, but includes other missions: packaging, unpacking and assembly of furniture. The specific rules of the transport contract do not apply (art. L 133-3 et seq. Of the C.Com.). Sui generis legal operation .

The Court of Cassation confirms the decision of the Court of Appeal which considers that there is gross negligence, because the mover had not unpacked the furniture, while the traffic demands revealed an unforeseen and disorganization, so that these faults demonstrated the inability to accomplish the mission.

REVIEWED DECISION (S): Cour de cassation, commercial chamber, April 3, 2001, SARL AGS v Mutuelle assurance des teachers de France (MAIF) and a.

AUTHOR (S):                                                 Delebecque, Philippe

REFERENCE:                                              La Semaine Juridique, General edition, n ° 12, March 20, 2002, pp. 558-560

KEYWORDS:                                              Road transport, freight transport, contract, qualification, move, company contract, regime

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