Contracts, conc. consumers. 2000, pers. 140, note LL, JCP G 2001, II, 10510, note Ch Jamin; Defrénois 2000, p. 1110, pers. D. Mazeaud and p. 1114, pers. Ph. Delebecque, RTD civ. 2000, p. 566, obs.J. Mestre B. Fages 

Supreme Court of Appeal
Civil Division 1

Public hearing on May 3, 2000 Cassation.


Appeal No.: 98-11381
Published in the Newsletter Chair: Mr. Lemontey. Rapporteur: Ms. Benas. General Counsel: Ms. Small. Lawyers: CPS Vier and Bartholomew, M. Choucroy.

FRENCH REPUBLIC
ON BEHALF OF THE FRENCH PEOPLE
The unique way, made its second branch:
 

Having regard to Article 1116 of the Civil Code; 

Whereas in 1986, Ms. Boucher sold by public auction of fifty photographs Baldus at a price of 1,000 francs each, in 1989, she found the buyer, M. Clin, and sold him successively thirty-five photographs and fifty other photographs Baldus at the same price it had set, the information chief of criminal fraud, open the complaint with a civil Ms. Boucher, who had learned that Mr. Baldus was a photographer of great renown, was closed by an order of dismissal, Ms. Boucher was then assigned to the buyer invalid sales fraud; 

Whereas in condemning Mr. Cline to Ms. Boucher to pay the sum of 1,915,000 francs representing the return value of the photographs sold at the sales counter of 1989, net sales price of 85,000 francs collected by Mrs. Boucher, the judgment, after noting that before concluding with Ms. Boucher sales in 1989, Mr. Cline had sold photographs of Baldus he had purchased at public auction at prices unrelated to their price purchase, holding so he knew that by buying new photographs at a price of 1,000 francs the unit, he contracted a small price compared to the value of the photographs on the art market, thereby breaching the obligation to contract in good faith that hangs over any contractor and that its reluctance to let him know the exact value of the photographs, Mr. Clin prompted Ms. Boucher to make a sale it would not have considered in these conditions; 

By so holding, so that no disclosure requirement did not bear the buyer, the Court of Appeal violated the text referred to above; 

FOR THESE REASONS: 

Quashed, in all its provisions, the decision of December 5, 1997, between the parties, the Court of Appeal of Versailles shall, therefore, the cause and the parties in the state they were before said stop, and to be granted, the returns to the Court of Appeal of Amiens.



Publication: Bulletin 2000 I No. 131 p. 88
Legal Week, 2001-04-11, No. 15/16 p. 757, note C. JAMIN.
Impugned Decision: Court of Appeal of Versailles, 1997-12-05

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