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Old 1st July 2009, 11:10 AM
Matou Matou is offline
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For a more precise answer, please clarify "mis-selling".
Anyway, as far as consummer protection is concerned, in France when a professionnal deals with a person which is not a "specialist" of the matter (it works for any matter) said professionnal has "une obligation de conseil et d'information" (i.e. very well established caselaw based on the principle of "responsabilité contractuelle" derived from Art. 1134, 1135 & 1147 of the Civil code). When such a professionnal "forgets" to inform the client of something important (like a risk) or "convince" the person to get a product/service that he/she should not have bought because it was not his/her interest the professionnal could be liable for damages up to the value of the loss suffered.
Othewise, there is a very comprehensive consummer protection system in the Code de la consommation (included as a section of the Civil code since 1993), for exemple the consummer is protected against "clauses abusives" (i.e. when contracting with a non specialist a professionnal cannot use certain kinds of clauses that are considered too harsh, such a clause will be "réputée non écrite" = scraped from the contract ).

Last edited by Matou; 1st July 2009 at 11:13 AM.
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