Court of Cassation Ruling on Conformity Defect and Contract Resolution

Extract

[...] An obligation of delivery constitutive of a result-based obligation The obligation of delivery is defined as the seller's obligation to supply a good that is strictly in accordance with the contractual commitments. The interpretation and intervention of the judges will focus in particular on the notion of 'conformity'. To do this, the judges will rely on the contractual clauses, without neglecting the qualities of the parties. Such careful analysis is essential because it is an obligation of result, the compliance of which is essential for the execution of the contract. This is why its non-performance may lead to sanctions, including termination of the contract. [...]

[...] Furthermore, this legal rigor reinforces consumer protection by allowing them to demand a conforming execution of the contract without having to prove the existence of a particular prejudice. B. A limited review by the Court of Cassation to legality If the Court of Cassation applies a strict reading of the texts on the obligation of delivery here, it does not substitute itself for the judges of the facts to assess the gravity of the breach. Indeed, as a court of law, the Court of Cassation limits itself to verifying the correct application of legal rules, without carrying out a new assessment of the facts. [...]

[...] This positioning ensures a balance between the requirement of legal rigor and the respect for the exclusive competence of the judges of the facts to evaluate the gravity of a contractual breach. Therefore, the judgment of June is inscribed in a constant jurisprudence in the matter of the obligation of delivery in accordance with the law, adopting a strict interpretation of Article 1604 of the Civil Code while preserving the role of the judges of the facts in the examination of the facts. [...]

[...] Court of Cassation, Civil Chamber June No. 15-18,929 - Does a defect in conformity relating to a contractual characteristic of the delivered good constitute a sufficiently serious breach to justify the resolution of the sales contract, even in the absence of an impact on the use of the good ? Commentary on the judgment (Cass. 1st civ. June n°15-18.929) The conformity of the sold good constitutes a fundamental obligation on the seller, who must deliver a product strictly conforming to the agreed characteristics with the buyer. [...]

[...] He considered that this The difference concerned an essential element of the contract, the buyer seized the judge in order to obtain the resolution of the sale. The procedure began before the court of first instance, which granted the buyer's request by pronouncing the resolution of the sale. The seller appealed this decision. The Court of Appeal of Toulouse confirmed the judgment, considering that the absence of conformity of the delivered good with the characteristics stipulated in the contract justified the resolution of the sale. The seller then appealed to the Court of Cassation. The seller invoked several means to contest the decision of appeal. [...]