Reference decision: cc • No. 78-11.149 • 1981-01-06 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
No criticism can be made of a judgment for having ordered a seller to compensate a buyer for the loss resulting from the delay in delivery to the buyer of the imported goods which the seller had sold to him on a CIF basis, since the Court of Appeal, considering, by a sovereign assessment of the facts of the case, that the intervention of foreign customs to prevent the transhipment of the goods intended for the buyer was caused by the poor packaging thereof, was able to hold that the delay in the transport of those goods resulted from the seller's improper performance of the obligation incumbent upon him to have satisfactory packaging carried out for the product sold by him CIF.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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