Originally from:
Remedies for International Sellers of Goods - 2nd Edition - Looseleaf
Remedies for International Sellers of Goods - 2nd Edition - Electronic
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Introduction
In France, rules governing the sale of goods come from several sources and not
only from the law.1 Most of these rules are contained in the Civil Code, in
particular in its Book III, Title III, which deals with contracts and conventional
obligations in general (articles 1101−1369) and Title VI, which deals more
specifically with sales (article 1582−1701 of the Civil Code). In addition, some
provisions of the Commercial Code also apply to sales agreements (by
governing sales such as warehouse sales or sales by public auction, or by
prohibiting certain competitive restrictive practices).
France also has ratified the United Nations Convention on Contracts for the
International Sale of Goods (the “Vienna Convention”), and French courts apply
the Convention and its set of uniform rules in international sales matters.
Furthermore, trade usages and commercial practices are to be taken into account
as well as case law. Even if case law does not create a legal precedent as it does
in Common Law, rulings of the Highest Court in France (Cour de cassation) and
some Courts of Appeal concerning the interpretation of legal provisions are of
great importance, and lead practitioners to refer to them in support of their
reasoning.2
In addition, the rules applicable to sales agreement are not uniform. Distinctions
are to be made between domestic sales and international sales3, sales between
merchants (or professionals), and sales to consumers (or non-professionals).
France
Introduction
Codification of Laws
French Practice and Procedure Before the Courts
Interpretation of Sales Contract
Express Terms
Course of Dealing, Trade Usage, Course of Performance
Assignment and Delegation
Unconscionability
Modification, Rescission, and Waiver
Mistake
Missing Terms
Writings
Risk of Loss
In General
FOB Terms
CIF and C&F Terms and Risk of Loss
Risk on Bailed Goods
Warranties
In General
Warranty against Hidden Defects
Warranty of Good Title and Quiet Enjoyment
Implied Warranty of Quality
Guarantee to Deliver Goods
Merchantability and Fitness for Specific Purpose
Right to Exclude, Disclaim, or Modify Warranties
Right to Limit Purchaser’s Remedies by Contract
Remedies
Identification of Goods
Reservation of Security Interest
Salvage of Unfinished Goods
Stop Delivery in Transit
Resale of Goods
Right to Cure on Buyer’s Rejection or Revocation
Damages for Repudiation or Non-Acceptance
Damages for Lost Profits
Punitive Damages
Action by Seller for Price
Specific Performance
Letters of Credit
Valid and Invalid Terms
Right to Vary Terms
Revocability
Wrongful Dishonor
Wrongful Honor
Transfer and Assignment
Effect of Insolvency
International Aspects
Vienna Convention
Choice of Law
Chantal Granier - Thieffry & Associés, Paris, France
