Article 1604 of the French Civil Code
Delivery is the conveyance of the thing sold into the power and possession of the buyer.
Home | French Legislation Articles | French Civil Code | Book III: Different ways of acquiring property | Title VI: Sale | Chapter IV: The seller's obligations | Section 2: Delivery.
Delivery is the conveyance of the thing sold into the power and possession of the buyer.
The obligation to deliver the buildings is fulfilled on the part of the seller when he has handed over the keys, if it is a building, or when he has handed over the title deeds.
The delivery of chattels is effected: Or by the handing over of the thing, Or by the handing over of the keys of the buildings containing them, Or even by the sole consent of the parties, if transportation of them cannot be effected at the time of the sale, or if the buyer already had them in his power on some other basis. .
The tradition of intangible rights takes place, either by the delivery of the titles, or by the use that the acquirer makes of them with the consent of the seller.
The costs of delivery shall be borne by the seller, and those of collection shall be borne by the buyer, unless otherwise agreed.
Delivery must be made at the place where, at the time of the sale, the thing which was the subject of the sale was, unless otherwise agreed.
If the seller fails to make delivery within the time agreed between the parties, the purchaser may, at his option, request that the sale be rescinded, or that he be given possession, if the delay is due solely to the seller.
In all cases, the seller must be ordered to pay damages and interest, if the purchaser suffers loss as a result of the failure to deliver at the agreed time.
The seller is not bound to deliver the thing, if the buyer does not pay the price, and the seller has not granted him a time limit for payment.
Nor shall he be obliged to deliver, even if he had granted a delay for payment, if, since the sale, the buyer has fallen into bankruptcy or a state of insolvency, so that the seller is in imminent danger of losing the price; unless the buyer gives him security to pay on time.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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
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