Section 1: Scope of application

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Article L217-1

French Consumer CodeIn force

Updated 8 Nov 2023

I.-The provisions of this chapter apply to contracts for the sale of movable tangible property between a professional seller, or any person presenting or acting as such, and a buyer acting as a consumer.

For the purposes of this Chapter, contracts under which the seller delivers goods and transfers ownership thereof to a consumer and the consumer provides any other benefit, instead of or in addition to the payment of a price, shall be treated as sales contracts.

For the purposes of this Chapter, contracts for the sale of goods to be manufactured or produced shall also be treated as sales contracts.

The provisions of this chapter apply to water, electricity and gas when they are packaged in a delimited volume or in a specific quantity.

The provisions of this chapter shall also apply to goods containing digital elements within the meaning of the introductory article where such elements are supplied with the goods as part of the contract of sale, whether such digital content or digital services are provided by the seller or by a third party. Where it is not clear that the supply of digital content or a digital service is the subject of a separate contract, that supply shall be presumed to fall within the contract for the sale of the goods.

II.-Where a contract brings together the sale of goods covered by this Chapter and other goods not covered by this Chapter, this Chapter applies only to the goods covered by this Chapter. In addition, where a contract has as its principal object the sale of goods covered by this Chapter and, as an ancillary object, the provision of services not covered by this Chapter, this Chapter applies only to the goods. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the provisions of this chapter only apply to goods.

The conditions for rescinding these contracts are however governed by article L. 217-16.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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