Extract
[...] Martin placed the order for the main activity of the company. Therefore, there is no faculty of withdrawal even by exception. In fact, Mrs. Martin could not unilaterally decide the fate of the agreement. Thus, it now belongs to Mr. Pascal to individualize the ten conforming devices and deliver them to Mrs. Martin. If Mrs. Martin were to oppose this configuration, the seller would have the faculty to request the resolution of the contract at the buyer's fault, with possible indemnification. [...]
[...] Pascal insists on payment of the price by Mrs. Martin. In these circumstances, the question that arises is whether this agreement constitutes a valid sale and, if so, whether the buyer can withdraw. In law, Article 1583 of the Civil Code provides that the sale 'is perfect between the parties as soon as the thing and the price have been agreed upon, even if the thing has not yet been delivered or the price paid.' It follows that the mere meeting of the consents on these two elements is sufficient to form the sale. [...]
[...] Pascal is entitled to proceed with the individualization of the ten computers, to offer their delivery in conformity and to demand the payment of the price. Dr. Georges, a general practitioner, has entered into an agreement with Mrs. Rose to transfer his client base in exchange for ?200,000. He has committed to handing over all ongoing files, presenting her to his patients, and not practicing within a 50 km radius for five years. However, after signing, a large part of his patients refuse to consult Mrs. Rose. She then chooses not to pay the remaining ?80,000, while Dr. Georges demands payment. [...]
[...] In conclusion, there is no infringement on the patient's free choice. The transfer must be considered valid, provided that the information and medical data transmission modalities are controlled. II. The buyer's levers in case of cedant shortcomings In law, Article 1219 of the Civil Code provides that party may refuse to perform their obligation, even if it is due, if the other party does not perform theirs and if this non-performance is sufficiently serious.' In addition, Article 1223 of the same code provides that 'if the efforts of one party to the contract have been completed in an incomplete manner, the price may be reduced in proportion, failing an agreement, by the judge's decision.' In a particular case, The non-payment of the balance of ?80,000 can be understood if the assignor has failed to fulfill their obligations in a sufficiently serious manner. [...]
[...] Joubert offers to Mrs. Rose a 'vintage rollers set' for a price of 650 euros. This price is agreed upon in online exchanges, prior to shipping. But shortly after, the seller changes his mind and asks for an additional 150 euros, otherwise he will not send the set. The question is therefore to know if these exchanges constitute a sale from a legal standpoint and, in the affirmative, if the seller can then modify the agreed price. I. The qualification of the market concluded between the parties In law, Article 1582 of the C. [...]
