If the promise to sell was made with deposits each of the contracting parties is master to dispose of them, He who gave them, by losing them, And he who received them, by returning double.
The sale price must be determined and designated by the parties.
It may, however, be left to the estimate of a third party; if the third party is unwilling or unable to make the estimate, there is no sale, unless the estimate is made by another third party.
The costs of deeds and other accessories to the sale are payable by the buyer.
Anyone not prohibited by law may buy or sell.
Cannot make themselves purchasers, on pain of nullity, either by themselves or by interposed persons: Guardians, of the property of those of whom they have guardianship; Agents, of the property they are charged with selling; Administrators, of that of communes or public establishments entrusted to their care; Public officers, of national property whose sales are made by their ministry; Trustees, of the property or rights making up the trust estate.
Judges, their deputies, magistrates acting as public prosecutors, court clerks, bailiffs, lawyers, unofficial defenders and notaries, may not become assignees of litigious suits, rights and actions which fall within the jurisdiction of the court within whose jurisdiction they exercise their functions, on pain of nullity, and costs, damages and interest.
Anything in commerce may be sold where particular laws have not prohibited its alienation.
The sale of someone else’s thing is void: it may give rise to damages where the buyer was unaware that the thing belonged to someone else.
If at the time of the sale the thing sold had perished in its entirety, the sale would be void. If only part of the thing has perished, it is at the option of the purchaser to abandon the sale, or to demand the part retained, having the price determined by the breakdown.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
