Article 1679 of the French Civil Code
If there are differing opinions, the minutes will contain the reasons for them, without it being permitted to state which opinion each expert was of.
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If there are differing opinions, the minutes will contain the reasons for them, without it being permitted to state which opinion each expert was of.
The three experts will be appointed ex officio, unless the parties have agreed to appoint all three jointly.
In the event that the action for rescission is admitted, the purchaser has the choice either to return the thing by withdrawing the price he has paid for it, or to keep the land by paying the supplement to the fair price, subject to the deduction of one tenth of the total price. The third party possessor has the same right, except for his warranty against his seller.
If the purchaser prefers to keep the thing by providing the supplement regulated by the preceding article, he owes interest on the supplement, from the day of the demand for rescission. If he prefers to return it and receive the price, he returns the fruits from the day of the demand. Interest on the price he has paid is also counted to him from the day of the same demand,…
Rescission for lesion does not take place in favour of the buyer.
It does not take place in all sales which, by law, can only be made by judicial authority.
The rules explained in the previous section for cases where several have sold jointly or separately, and for that where the seller or buyer has left several heirs, are similarly observed for the exercise of the action for rescission.
If a thing common to several cannot be divided conveniently and without loss; Or if, in a division made by mutual consent of common property, there are some which none of the co-partitioners can or will take, The sale thereof shall be made by auction, and the price shall be divided among the co-owners.
Each of the co-owners is the master of requesting that strangers be called to the auction: they are necessarily called, when one of the co-owners is a minor.
The method and formalities to be observed for the auction are explained in the title “Inheritance” and in the Code of Procedure.
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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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