Update on the retention of title clause:

There is a clause that we often forget to implement even though it can guarantee you, not the payment of your unpaid debt but to recover the goods that would not have been paid by your debtor. This provision is called "The retention of title clause".

By convention, when selling a good, the parties decide and accept the principle that the sold thing will be the full and complete property of the buyer only from the moment when the latter will have been fully paid. This is known as the "retention of title clause".

It is a very strong security and it is in fact a sale under suspensive conditions.

The agreement therefore allows the seller who has not been paid on the due date to exercise a claim on the goods and merchandise that have remained in the hands of the buyer, but also to exercise what is called an action on the sale price in the hands of any sub-purchasers in the event of the sale of the goods and merchandise.

To be able to claim the implementation of such a retention of title clause, a certain number of principles concerning its existence between the parties must be respected.

Thus, the simple fact that in regular and recurrent contractual relationships, invoices include the mention that goods and/or merchandise are subject to a retention of title clause without the buyer having made any protest may help you establish the existence of the clause between the parties.

In case of judicial liquidation you benefit from a very strong security that you could implement with the Agent and the clause of property reserve is also opposable to the creditors in the case where it was validly registered outside the suspect period.

It is also worth noting a small subtlety of law relating to movable property that is located in a house for residential use or a premises for commercial use.

When there are unpaid rents and the tenant has acquired movable property or equipment, there is a conflict between the lessor who claims the payment of his rents by availing himself of the privileges instituted for his benefit by article 2332-1 of the Civil Code and the seller of movable property and equipment who could avail himself of a property right.

This situation has been definitively resolved: "the special privilege of the lessor of real estate takes precedence over the right of ownership enjoyed by the seller of furniture.

However, if the lessor knew the origin of the furniture and equipment when it was brought into the leased premises, this principle may not apply.

Finally, it is also important to consider the question of property when it has been lost, stolen and/or destroyed while in the custody of the purchaser.

The jurisprudence is now clear and makes the purchaser not responsible if before and during the occurrence of a disaster he has adopted in the custody of the goods and / or materials he has acquired a behavior called good father of family.

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