2019

Philippe CHAUVIRÉ, Professor, University of Lorraine, Sale of another person’s property in civil law

DOI: https://www.doi.org/10.31178/AUBD.2019.08

Abstract: Usually considered illegal in the French civil law tradition, the sale of another's property is in reality the subject of more subtle treatment in positive law. From an absolute ban in 1804, the treatment is now more nuanced, with a tolerance for the sale of other people's things in many cases.

This veiled admission should not come as a surprise. On the contrary, it deserves to be supported, since it is adapted to current forms of sale, particularly for consumer goods, restoring a clearer border between the formation and performance stages of the contract.

Keywords: sale of another person’s property, nullity


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