FORCED SALE
LexInter | September 14, 2019 | 0 Comments

Forced Sale

Article L122-2

Breaches of the provisions of article R. 635-2 of the penal code can 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 the December 1, 1986 relating to freedom of prices and competition.

Article L122-3

 

(Ordinance n ° 2001-741 of 23 August 2001 art. 14 Official Journal of 25 August 2001)

Ordinance nº 2005-648 of June 6, 2005 art. 1 II Official Journal of June 7, 2005 in force on December 1, 2005)
The supply of goods or services without prior order from the consumer is prohibited when it is the subject of a request for payment. No obligation can be placed on the consumer who receives goods or services in violation of this prohibition.
The trader must return the sums that he would have improperly received without express and prior commitment from the consumer. These sums are productive of interest at the legal rate calculated from the date of the undue payment and interest at the legal rate increased by half from the request for reimbursement made by the consumer.

Article L122-4

 

(Law n ° 2001-1168 of December 11, 2001 art. 13 4 ° Official Journal of December 12, 2001)

Ordinance nº 2005-648 of June 6, 2005 art. 1 II Official Journal of June 7, 2005 in force on December 1, 2005)
The provisions of article L. 122-3 do not preclude the collection of interest, commissions or fees in respect of overdraft facilities or bank overdrafts provided for by the account agreement established in article L. 312-1-1 of the Monetary and Financial Code which specifies the amount or the method of calculating this remuneration.
The same applies in the event that a modification of the initial conditions of the contract results from the implementation of a revision clause, the terms of which were expressly defined and obtained the agreement of the parties at the time of signature of the contract. .

Article L122-5

 

Ordinance nº 2005-648 of June 6, 2005 art. 1 II Official Journal of June 7, 2005 in force on December 1, 2005)
Payment resulting from a legislative or regulatory obligation does not require an express prior commitment.

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