ABSTRACT
Under French sale of goods law, the principle of property transfer is solo consensu. I As stated above, this rule provides that the sale is complete between the parties, and property transferred to the purchaser from the vendor, once agreement has been reached on the subject-matter of the contract, even though the latter has not been delivered, nor the price paid. However, the rule is of "suppletive effect" and is not obligatory, in other words, the parties may agree to derogate from the rule as, for example, through the retention of title mechanism. This enables the creditor to benefit from a position of priority - that of the proprietor. It has
I Article 1583, Civil Code. 23
been confirmed that such a clause is valid and effective, at least when the parties are in bonis, that is, when the parties are not insolvent.
