Valérie MALABAT, Professor, University of Bordeaux, The Consequences of the Sale of Another Person’s Property in the French Criminal Law

DOI: https://www.doi.org/10.31178/AUBD.2019.09

Abstract: There is no specific offense in French criminal law to punish the sale of something belonging to others. However, if the seller does so in bath faith, his behavior is reprehensible, and several offenses are applicable. The only uncertainty relates to the sale of someone else’s building. Even if many offenses can apply, such as theft, breach of trust, fraud or concealment, resorting to the criminal judge does not make it possible for the dispossessed owner to obtain the cancellation of the fraudulent contract or the restitution of his goods. Resorting to the criminal judge only enables him to get compensation.

Keywords: Theft, Breach of trust, Fraud, Concealment, Cancellation of contract, Restitution, Compensation

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