Art. 564 of the Tunisian civil code defines the sale as "the contract on the basis of which one of the parties transmits the ownership of a thing, or a right, to the other contracting party, towards the consideration of a price that the latter undertakes to pay ". Tunisia has not ratified the 1980 Vienna Convention on Contracts for the International Sale of Movable Property (CISG). Consequently, identifying the law applicable to the relationship may not be an easy task when the buyer is in default. For example, the Moroccan Civil Code does not expressly provide for the possibility for the seller to reserve ownership of the goods sold until full payment of the price. This means, therefore, that any clauses containing such a provision could not be fully accepted by the Moroccan judicial authorities if the contract were to be governed by Moroccan law. In any case, the seller only gives warranty for defects present at the time of conclusion of the contract or delivery. On the contrary, the Tunisian legal system fully recognizes the Incoterms, which, therefore, can be legitimately referred to when concluding a sales contract with a Tunisian interlocutor. For the rest, the sales discipline does not differ from internationally recognized customs and practices.
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