NATURE AND FORM OF THE SALE
LexInter | August 18, 2002 | 0 Comments

NATURE AND FORM OF THE SALE

Chapter I: Nature and form of the sale
Article 1582
Sale is an agreement by which one commits himself to deliver something, and the other to pay for it.
It can be made by authentic deed or by private signature.
Article 1583
It is perfect between the parties, and the property is acquired by right from the buyer vis-à-vis the seller, as soon as the thing and the price have been agreed upon, although the thing has not yet been delivered nor the price paid.  The sale is perfect between the parties as soon as they have agreed on the item and the price, although the item has not yet been delivered nor the price paid;Whereas in order to condemn the company Air Photo France to restore the price of the photograph to Mr. Trépied, the judge states that the agreement of wills could not validly be formed until reception of the photograph by Mr. Trépied, which until then. there had only seen an unframed print of a different format from that ordered;

Whereas in ruling thus, the Tribunal violated the aforementioned text;

Cass. 1st Civ. June 01, 1999

Article 1584
The sale can be made purely and simply, or under a condition either suspensive or resolutory.
It can also have as its object two or more alternative things.
In all these cases, its effect is regulated by the general principles of the conventions.
Article 1585
When goods are not sold en bloc, but by weight, count or measure, the sale is not perfect, in the sense that the things sold are at the risk of the seller until they are weighed. , counted or measured; but the buyer can ask for it or the delivery or damages, if necessary, in the event of non-performance of the engagement.
Article 1586
If, on the contrary, the goods have been sold en bloc, the sale is perfect, although the goods have not yet been weighed, counted or measured.
Article 1587
With regard to wine, oil, and other things that it is customary to taste before making the purchase, there is no sale until the buyer has not tasted and approved them.
Article 1588
The sale made on a trial basis is always presumed to be made under a condition precedent.
Article 1589
(Law of July 30, 1930))

The promise of sale is equivalent to sale, when there is reciprocal consent of the two parties on the item and on the price.
If this promise applies to land already subdivided or to be subdivided, its acceptance and the resulting agreement will be established by the payment of a deposit on the price, regardless of the name given to this deposit, and by the taking possession of the land.
The date of the agreement, even adjusted subsequently, will be the date of the payment of the first deposit.

Article 1589-1
(inserted by Law n ° 2000-1208 of December 13, 2000 art. 72 III Official Journal of December 14, 2000 in force on June 1, 2001)

Any unilateral commitment entered into with a view to the acquisition of property or of a real estate right for which it is required or received from the person who commits a payment, whatever the cause and form, is declared null and void. .

Article 1590
If the promise to sell was made with a deposit, each of the contracting parties is free to part with it, the
one who gave them, losing them,
and the one who received them, returning the double.
Article 1591
The price of the sale must be determined and designated by the parties.   Vility of the pricethe sale may be canceled for low price,

C ass. 3rd civ. July 18, 2001 Cass. com. 23 October 2007

Transfer of shares and determination of the price

Court of Cassation, Commercial Chamber, October 06, 1998,

 

Article 1592
However, it can be left to the arbitration of a third party; if the third party is unwilling or unable to make the estimate, there is no point of sale. EXPERTISE_ET_FIXATION_DU_PRIX
Article 1593
The costs of deeds and other accessories to the sale are the responsibility of the buyer.

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