GHESTIN (Jacques) – CONFORMITY AND GUARANTEES IN SALES (Furniture Products)
GHESTIN (Jacques) – CONFORMITY AND GUARANTEES IN SALES (Furniture Products)
    GHESTIN (Jacques)
    CONFORMITY AND GUARANTEES IN SALES (Furniture Products)
Édition :
    Paris
Date :
    1983
    in-8, br., (cover slightly faded, rare annotations in pencil), good condition, [this book comes from the personal library of Philippe Malinvaud], 366 p.
    In the foreword to this work, JG emphasizes its objective: to study all existing actions between seller and buyer within the framework of a sale. He focuses particularly on the case law of the Court of Cassation in this area, comparing it to the discovery of Article 1384, paragraph 1, and the development of liability for things, highlighting its importance and creativity. At the end of the study (which includes essential sections on the foundations and methods of transferring the warranty), the author concludes by suggesting that legislative reform is necessary. This reform would eliminate the differences in legal regimes based on the contractual classification of transactions such as sales, leases, or service contracts, which he considers artificial. Instead, the distinction in legal regimes should be based not on the classification of the contract itself, but on the function performed by the defendant (manufacturer, distributor, etc.). He also suggests that the plaintiff should no longer have to establish the existence of any contractual relationship to establish the basis of their claim.

Référence : 54132

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