LAW OF 28 JANUARY 2005 TO STRENGTHEN CONSUMER CONFIDENCE AND PROTECTION
LexInter | March 13, 2005 | 0 Comments

LAW OF 28 JANUARY 2005 TO STRENGTHEN CONSUMER CONFIDENCE AND PROTECTION

LAWS

LAW n ° 2005-67 of January 28, 2005 tending to consolidate consumer confidence and protection (1)

NOR: ECOX0307005L


The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:


TITLE I

FACILITATE TERMINATION OF

TACITLY RENEWABLE CONTRACTS

Article 1


Title III of Book I of the Consumer Code is supplemented by Chapter VI as follows:


“Chapter VI
“Renewal of contracts


“Art. L. 136-1. – The professional service provider informs the consumer in writing, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract he has concluded. with a tacit renewal clause.

“When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , after deduction of the sums corresponding, up to this, to the execution of the contract. In the absence of repayment under the conditions provided above, the sums due are productive of interest at the legal rate.

“The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information. ”

Article 2


After article L. 113-15 of the insurance code, an article L. 113-15-1 is inserted as follows:

“Art. L. 113-15-1. – For automatic renewal contracts covering natural persons outside their professional activities, the deadline for exercise by the insured party of the right to terminate the contract must be mentioned with each notice of the annual premium or contribution due. When this notice is sent to him less than fifteen days before this date, or when it is sent to him after this date, the insured is informed with this notice that he has a period of twenty days following the date of dispatch. of this notice to terminate the renewal of the contract. In this case, the period of denunciation runs from the date appearing on the postmark.

“When this information has not been sent to him in accordance with the provisions of the first paragraph, the insured may terminate the contract, without penalty, at any time from the date of renewal by sending a registered letter to the insurer. The termination takes effect the day after the date appearing on the postmark.

“The insured is required to pay the portion of the premium or contribution corresponding to the period during which the risk ran, period calculated up to the effective date of termination. Where applicable, the insurer must reimburse the insured, within thirty days from the effective date of termination, the portion of the premium or contribution corresponding to the period during which the risk has not occurred. not accrued, period calculated from the said effective date. In the absence of repayment under these conditions, the sums due are productive of interest at the legal rate.

“The provisions of this article are not applicable to life insurance, group contracts and other collective operations. ”

Article 3


I. – After article L. 221-10 of the mutual insurance code, an article L. 221-10-1 is inserted as follows:

“Art. L. 221-10-1. – For tacit renewal of memberships relating to individual non-professional operations, the deadline for the exercise by the participating member of the right to terminate membership in the regulations must be recalled with each notice of annual subscription due. When this notice is sent to him less than fifteen days before this date, or when it is sent to him after this date, the participating member is informed with this notice that he has a period of twenty days following the date of dispatch. of the notice to denounce the renewal. In this case, the period of denunciation runs from the date appearing on the postmark.

“When this information has not been sent to him in accordance with the provisions of the first paragraph, the participating member may, by registered letter, terminate the membership of the rules, without penalty, at any time from the date of renewal. The termination takes effect the day after the date appearing on the postmark.

“The participating member is required to pay the part of the contribution corresponding to the period during which the risk ran, period calculated up to the effective date of the termination. If applicable, the part of the contribution corresponding to the period during which the risk did not run, period calculated at from the said effective date. In the absence of repayment under these conditions, the sums due are productive of interest at the legal rate. ”

II. – In the first paragraph of article L. 223-27 of the same code, after the reference: “L. 221-10,”, is inserted the reference: “L. 221-10-1,”.

III. – After article L. 932-21 of the social security code, an article L. 932-21-1 is inserted as follows:

“Art. L. 932-21-1. – For tacit renewal contracts relating to individual operations, the deadline for the exercise by the participating member of the right to terminate the affiliation or the contract must be recalled with each notice of annual subscription due. When this notice is sent to him less than fifteen days before this date, or when it is sent to him after this date, the participating member is informed with this notice that he has a period of twenty days following the date of dispatch. of the notice to denounce the renewal. In this case, the period of denunciation runs from the date appearing on the postmark.

“When this information has not been sent to him in accordance with the provisions of the first paragraph, the participating member may, by registered letter, terminate the affiliation or the contract, without penalty, at any time from the date of renewal. . The termination takes effect the day after the date appearing on the postmark.

“The participating member is required to pay the part of the contribution corresponding to the period during which the risk ran, period calculated up to the effective date of the termination. If applicable, the part of the contribution corresponding to the period during which the risk did not run, period calculated at from the said effective date. In the absence of repayment under these conditions, the sums due are productive of interest at the legal rate. ”

IV. – Article L. 932-23 of the same code is supplemented by a paragraph worded as follows:

“The provisions of Article L. 932-21-1 do not apply to operations depending on the length of human life which include a redemption value. ”

TITLE II

BETTER FRAMEWORK OF RENEWABLE CREDIT

Article 4


I. – Article L. 311-9 of the Consumer Code is amended as follows:

1 ° In the first paragraph, the words: “the prior offer is only binding for the initial contract” are replaced by the words: “The prior offer is compulsory for the initial contract and for any increase in the credit granted”;

2 ° The third paragraph is completed by two sentences worded as follows:

“The borrower can also request at any time the reduction of his credit reserve, the suspension of his right to use it or the termination of his contract. In the latter case, he is required to reimburse, under the terms of the contract, the amount of the money reserve already used. “;

3 ° Before the last paragraph, a paragraph worded as follows is inserted:

“If, for three consecutive years, the credit opening contract or any associated means of payment have not been used, the lender who intends to propose the renewal of the contract shall send the borrower, to the end of the third year, a document annexed to the conditions of this renewal. This document indicates the identity of the parties, the nature of the operation, the amount of credit available, the annual percentage rate of charge as well as the amount of repayments by maturity and by credit fractions used. If the borrower fails to return this document, signed and dated, at the latest twenty days before the expiry date of the contract, the latter is automatically terminated on that date. ”

II. – Before the last paragraph of Article L. 311-9-1 of the same code, a paragraph is inserted as follows:

“- the possibility for the borrower to request at any time the reduction of his credit reserve, the suspension of his right to use it or termination of his contract; “.


TITLE III

RELEASE FREE CREDIT

Article 5


I. – Article L. 311-5 is inserted in section 2 of chapter I of title I of book III of the consumer code and is worded as follows:

“Art. L. 311-5. – Any advertising relating to the transactions referred to in Article L. 311-2 proposing a period of exemption from payment of rent or repayment of loan maturities of more than three months is prohibited outside the points of sale. ”

II. – Article L. 311-6 of the same code is thus amended:

1 ° The words: “at the point of sale” are deleted;

2 ° It is completed by the words: “and specify who bears the cost of the credit granted free of charge to the consumer”.

III. – After article L. 311-7 of the same code, an article L. 311-7-1 is inserted as follows:

“Art. L. 311-7-1. – Any credit transaction for valuable consideration offered concurrently with a free or promotional credit transaction is concluded under the terms of a separate prior credit offer, in accordance with the provisions of Articles L. 311-8 and L. 311-10 et seq. . ”


TITLE IV

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Article 6


In the q of 1 of the appendix to article L. 132-1 of the consumer code, after the words: “not covered by legal provisions”, are inserted the words: “or to go exclusively through a mode alternative dispute resolution ”.

Article 7


I. – The provisions of Titles I and II come into force six months from the date of promulgation of this law.

II. – The provisions of Titles I and II and of Article 6 apply to contracts in progress and to their renewal on the said date of promulgation.

This law will be executed as state law.

Done in Paris, January 28, 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister for Solidarity,

Health and the Family,

Philippe Douste-Blazy

The Minister for the Economy,

Finance and Industry,

Hervé Gaymard

The Minister for Small and Medium Enterprises,

trade, crafts,

liberal professions

and consumption,

Christian Jacob

(1) Preparatory work: law n ° 2005-67.

National Assembly:

Bill n ° 1141;

Report by Mr Luc-Marie Chatel, on behalf of the Committee on Economic Affairs, n ° 1271;

Discussion and adoption (simplified procedure) on December 11, 2003.

Senate:

Bill, adopted by the National Assembly at first reading, n ° 114 (2003-2004);

Report by Mr Gérard Cornu, on behalf of the Committee on Economic Affairs, n ° 286 (2003-2004);

Discussion and adoption on June 22, 2004.

National Assembly:

Bill, modified by the Senate, n ° 1683;

Report by Mr. Luc-Marie Chatel, on behalf of the Committee on Economic Affairs, n ° 1770;

Discussion and adoption January 20, 2005.

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