Extract
[...] On the one hand, it could be a sales contract, according to Article 1582 of the Civil Code. Indeed, the store must deliver the thing to Firmin Dustriel, who must pay the price of the kitchen. On the other hand, it could be a contract for work, in accordance with Article 1787 of the Civil Code. Indeed, the kitchen is installed by the store's personnel. It is a service provision, characteristic of the contract for work. However, thanks to the rule of the accessory, it is possible to attribute a unique qualification to the contract, as shown by the judgment of the Court of Cassation rendered on April In this case, was the main objective of the contract to buy a new kitchen or to have it installed? [...]
[...] In fact, the sale is a consensual contract, which in principle only requires agreeing on the thing and the price (Article 1583 of the Civil Code). Thus, if Lenny Fiant agrees to buy the share at the fixed price, the sale can be concluded (although an authentic act is required to make it opposable, as the sale is for a sur immeuble). However, this sale is particular, since Firmin Dustriel is selling his share in a house that he owns in indivision. [...]
[...] The latter option seems the most suitable, as, apart from this cabinet, the rest of the kitchen is functional. It will suffice to replace or have the defective cabinet repaired with the amount of the compensation. II. La dation en paiement In this case, Firmin Dustriel, the buyer, bought a projector from Daisy Draté, the seller, for 400 However, he still has to pay the price. Instead, the buyer proposes to transfer the ownership of champagne cases to her. The seller accepts. [...]
[...] Of course, that of common law for bad execution of obligations is always possible. In fact, the delivered furniture is not in conformity with that provided for by the contract, since it presents a defect. But there is a rule according to which the special derogates from the general. So, within the framework of a sale, is there not a special regime of the seller's liability? A special regime exists. In fact, the seller must guarantee hidden defects (Article 1625 of the Civil Code). [...]
[...] The Case of the Kitchen First, it is necessary to determine the type of contract concluded in order to then study the basis of indemnification (B.). A. The Type of Contract Concluded In this case, Firmin Dustriel bought a kitchen, including the furniture and the kitchen installation. The legal issue at hand is as follows: what is the qualification of a contract with the object of the sale and installation of a mass-produced kitchen? Article 1582 of the Civil Code defines sale as the 'agreement by which one party is bound to deliver a thing, and the other to pay for it'. [...]
