Definition : Obligation to deliver

Legal operation by which, the seller is obliged to  physically hand over the object of the sale in the hands of the buyer, under the conditions determined by the parties to the contract. The obligation to deliver an immovable is generally fulfilled on the part of the seller when the keys are handed over, in the case of a building, or when he has handed over the title deeds. The obligation to deliver is an obligation to do. It thus constitutes an obligation of result on the seller, which is binding independently of the good or bad faith of the seller. This obligation is accompanied by an ancillary obligation to  provide information to enable the buyer to form a reasonable idea of the conformity of the goods sold with his legitimate expectations. In the event of a dispute, it is up to the seller to prove that he has handed over the item.

 WHAT YOU SHOULD KNOW ! Delivery confirms the material passage of the thing from the hands of the seller between those of the buyer. It takes place on the delivery date provided by the parties to the contract.

WARNING ! The obligation to issue is distinct from the transfer of ownership. The transfer of ownership legally confirms the passage of the thing from the hands of the seller to those of the buyer. Unless otherwise contractually provided, it comes into play at the time of conclusion of the contract.

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