Seller's Action for Defective Building

Extract

[...] ) on the basis of the common law contractual liability" - possibility of a double action" - Consequence: will of the supreme judges to protect the interest in bringing an action II- The necessary characterization of the personal fault of the seller of the building by the judges of the first instance The failure to deliver to the buyer a work that does not characterize the fault - Visa : article 1147 of the Civil Code - The Court of Cassation goes back to the judgment of the judges of the first instance: the personal fault of the company cannot be understood as its failure to deliver to the buyer a work - What about the liability of the builder of a work? article 1792 of the Civil Code: "Every builder of a work is liable by right, towards the master or the buyer of the work." A framework developed through jurisprudence - Cass, 3rd civ Sept n° 08-13.470: "Subsequent buyers of a building are admissible to act against the builders on the basis of the ten-year guarantee ( . [...]

[...] Court of Cassation, Civil Chamber 5 November 2013, no. 12-13.923 - What are the contours of the seller's action of a building affected by defects? [...]

[...] - Detailed Plan Problématique : What are the contours of the seller's action of a building affected by defects? The seller's interest in acting of a building affected by defects is conditional The necessary provision in the sales deed of the conservation by the seller of his right to act - Visa : article 1134 of the Civil Code - The Court of Cassation will again go to the judgment of the judges of the fact with a clear explanation - The parties must be masters of their contract - freedom of contract, responsibility of the parties adding complexity to contract law A broad interest in bringing an action - "even for damages born before the sale": the interest in bringing an action is not limited in time, it also concerns damages that occurred before the sale - - "notwithstanding the action for damages ( . [...]