ABUSE OF WEAKNESS
LexInter | May 3, 2017 | 0 Comments

ABUSE OF WEAKNESS

CONSUMER CODE (Legislative Part)

Section 4: Abuse of weakness

Article L122-8

 

(Law n ° 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994) (Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Anyone who has abused a person’s weakness or ignorance to make him subscribe, by means of home visits, to cash or credit commitments in any form whatsoever will be punished by imprisonment for five years. and a fine of 9,000 euros or one of these two penalties only, when the circumstances show that this person was not in a position to assess the scope of the commitments he was making or to detect the tricks or artifices deployed to convince her to subscribe, or reveal that she has been under duress.

JURISPRUDENTIAL BIBLIOGRAPHY
DOCTRINAL BIBLIOGRAPHY
FULL TEXT JURISPRUDENCE
ABUSE OF WEAKNESS ABUSE OF WEAKNESS

Contracts and sales methods, Revue fiduciaire, n ° 889, 26/05/2001, pp. 47-119

Note under the Aix-en-Provence Court of Appeal, January 18, 2000, Mr. Axxxx and others; Dijon Court of Appeal, February 10, 2000, Public Ministry and Federal Consumers Union (UFC) of Saône-et-Loire against Mr. Rxxxr, Aix-en-Provence Court of Appeal, January 18, 2000, Mr. A. and others ; Dijon Court of Appeal, February 10, 2000, Public Ministry and Federal Consumers Union (UFC) of Saône-et-Loire against Mr. R; Raymond, Guy, Consumption Competition Contracts, n ° 3, 1/03/2001, pp. 23-24

CRIMINAL CODE AND ABUSE OF WEAKNESS  COMMERCIAL CODE AND ABUSE OF ECONOMIC DEPENDENCE

Article L122-9

The provisions of Article L. 122-8 are applicable, under the same conditions, to commitments obtained:
1 ° Either following canvassing by telephone or fax;
2 ° Either following a personalized solicitation, without this solicitation necessarily being nominative, to go to a point of sale, carried out at home and accompanied by the offer of special advantages;
3 ° Either during meetings or excursions organized by the offender or for his benefit;
4 ° Or when the transaction was made in places not intended for the marketing of the good or the service offered or within the framework of fairs or exhibitions;
5 ° Or when the transaction was concluded in an emergency situation which made it impossible for the victim of the offense to consult one or more qualified professionals, third parties or contracts.

Article L122-10

The provisions of Articles L. 122-8 and L. 122-9 are applicable to anyone who has abused the weakness or ignorance of a person to obtain, without real compensation, sums in cash or by transfer, bank or postal checks, payment orders by payment card or credit card, or securities, within the meaning of article 529 of the civil code.

Article L122-11

Violations of the provisions of this section may be noted and prosecuted under the conditions set by articles 45, first and third paragraphs, 46, 47 and 52 of ordinance n ° 86-1243 of 1 December 1986 relating to the freedom of price and competition.

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