Seller's Obligations in Special Contract Law

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[...] This obligation is quite important for the seller and it continues to intensify. For example, it was judged by the first civil chamber of the Court of Cassation on 19 June 2024 (number 21-19.972) that this obligation of information and advice of the professional seller extends to the conditions of transport of the goods sold. This judgment allows to specify that these obligations do not impose themselves in the same way on the professional seller than on the non-professional/novice seller (LeBonCoin, Vinted etc.). [...]

[...] The question that arises in this case is the following: What are the contours of the development of the seller's obligations within the framework of the sales contract? This subject presents various issues such as contractual balance, legal certainty, modernization of contract law, or consumer protection. In addition, this subject is of great interest insofar as it allows both to study the classical foundations of the seller's obligations while analyzing the recent developments and evolution of these obligations of the seller. [...]

[...] The development of the seller's obligations does not always go in the right direction. Finally, for the eviction guarantee, developments have also been considered. We have, in fact, gone from one extreme to the other: from perpetual, the eviction guarantee becomes at a brief deadline since the ruling made by the commercial chamber on November (number 21-11.975). To these delivery obligations in conformity and guarantee of the sold thing, notably, a growing expansion of the seller's obligations is grafted. II- A growing expansion of the seller's obligations Over the years, the seller's obligations have been expanded. [...]

[...] What are the contours of the seller's obligations in the context of the sales contract? SPECIAL CONTRACT LAW Session n° The seller's obligations (scope, content) Dissertation: The Development of the Seller's Obligations Frédéric DANOS, Professor at the University of Tours, wrote in his article The definition of delivery in the sale by the ell of the Draft Reform Project of Special Contracts Law, that "The Draft Reform of Special Contracts Law of July 2022 ("the Draft") profoundly modifies the architecture of the sales contract." This profound modification of the sales contract consequently entails modifications and revisions affecting the obligations of the various parties to the contract. [...]

[...] The legislator has therefore sought to balance contractual relationships. The case law has also followed this line by providing clarifications. For example, it was ruled by the first civil chamber of the Court of Cassation on June that "the seller's obligation to deliver extends to the fine-tuning of the equipment, and includes an ancillary obligation of information and advice". The commercial chamber has also had the opportunity to rule on the contours of this obligation: "Since the buyer's agent inspected the goods at the seller's premises and handed them over to the carrier, the seller has fulfilled its obligation to deliver in conformity" (Cass. [...]