Article 1593 of the French Civil Code
November 7, 2023
The costs of deeds and other accessories to the sale are payable by the buyer.
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.
A sale of a building to be constructed is one in which the seller undertakes to build a building within a period specified in the contract. It may be concluded on completion or in a future state of completion.
A forward sale is a contract in which the seller undertakes to deliver the property on completion and the buyer undertakes to take delivery of it and pay the price on the delivery date. Ownership is transferred ipso jure when the completion of the building is recorded in a notarised deed; it takes effect retroactively to the day of the sale.
The vente en l’état futur d’achèvement is the contract by which the seller immediately transfers to the purchaser his rights over the land and ownership of the existing buildings. Future works become the property of the purchaser as and when they are completed; the purchaser is required to pay the price as the work progresses. The seller retains the powers of the project owner until acceptance of the works.
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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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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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