LexInter | November 20, 2002 | 0 Comments


Article 1116
Deceit is a cause of nullity of the agreement when the maneuvers practiced by one of the parties are such that it is obvious that, without these maneuvers, the other party would not have contracted.
It cannot be presumed, and must be proven.RETICENCE AND ERROR

on the fraudulent reluctance of the bank which fails to fulfill its obligation to advise a borrower investor Com July 3, 2001

Deceitful reluctance, even supposing it to be established, always makes the error caused excusable.   Court of Cassation, 3 rd civil chamber, February 21, 2001 , Husband Plessis v Consorts Errera et a. not.  Constantine, Alexis ,   La Semaine juridique, Edition entreprise, n ° 41, 11 October 2001, pp. 1633 – 1634

The buyer’s silence on the real value of the item does not constitute fraudulent reluctance, as the buyer is not subject to any obligation to provide information ,    Cour de cassation, 1 st civil chamber, May 3, 2000 , Clin against Mme. widow Boucher; not.  Chauvel, Patrick ,

The fraud is constituted when the purchaser engages in maneuvers intended to conceal from the seller a quality of the thing,  Cour de cassation, 3 rd civil chamber, November 15, 2000 , Sté Carrières de Brandefert against Consorts Palaric – Le Coent   not.  Chauvel, Patrick ,  La Semaine juridique, Edition entreprise, n ° 40, 4 October 2001, pp. 1578 – 1580

The fact that profitability objectives are not achieved does not constitute fraud with regard to subscribers of SCPI units in the absence of proof of fictitiousness of these objectives  Civ I May 15, 2001

by failing to remit to the company Txx, when signing the subscription form, the general conditions relating to the contract which is the subject of the subscription request, and thus refraining from informing it of the amount of the redemption values ​​at the end of the each of the years of the contract, the only indication on the form, without further details, of a rate of costs of 0.80% having proved to be erroneous, this rate being lower than the actual costs, (the insurance company had ) committed a fraudulent reticence of information such as to deprive the said company of information essential to fully appreciate the scope of the commitments made; that she was able to deduce that this fraudulent reticence, 

Life insurance: a company guilty of fraudulent reticence, n. under  Cour de cassation, 1 st Civil Chamber, 1 February 200 0, Courtieu, Guy, Revue de Droit Bancaire et Financier, n ° 6, 01/11/2000, pp. 380-381

 v. fraud in the performance of the contract


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