transfer of risks
LexInter | January 14, 2009 | 0 Comments

TRANSFER OF RISKS

Article 96
When the risks are transferred to the buyer, the latter is required to pay the price notwithstanding the loss or deterioration of the item, unless these events are due to the seller or to a person for whom he is responsible. .

Article 97
1. The risks are transferred to the buyer as from the delivery of the thing carried out under the conditions provided for in the contract and in this law.

2. In the event of delivery of a thing that does not conform to the contract, the risks are transferred to the buyer as from the delivery made, apart from the non-conformity of the thing, under the conditions provided for in the contract and the this law, when the buyer has neither declared the termination of the contract nor requested the replacement of the thing.

Article 98
1. When the delivery of the item is delayed due to a breach by the buyer of his obligations, the risks are transferred to the buyer from the last date on which, without this breach, the delivery could have been made. in accordance with the contract.

2. When the sale relates to things of this kind, the delay of the buyer transfers the risk to him only if the seller has set aside things clearly reserved for the performance of the contract and has sent him a notice thereof. informing.

3. When such things are of such a nature that the seller cannot set aside part of them until delivery has been taken by the buyer, it will suffice for the seller to have performed all the acts which are necessary for the buyer is given the possibility of taking delivery.

Article 99
1. If the object of the sale is a thing during the voyage by sea, the risks are assumed by the buyer from the moment of handing over the thing to the carrier.

2. If, at the time of conclusion of the contract, the seller knew or should have known that the thing had perished or had been damaged, the risks remain with him until the time of conclusion of the contract.

Article 100
If, in a case provided for in article 19, paragraph 3, the seller, when sending the notice or document specifying the item, knew or should have known that the item had perished or had been damaged after delivery to the carrier, the risks remain with the seller until the time when he has sent the notice or document.

Article 101
The transfer of risk is not necessarily linked to the stipulation of a clause relating to costs

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