This document outlines key principles of contract law, including the conditions for voidance, types of contracts, and the role of third parties.
Extract
[...] Designates the requirement of an existing cause at the time of the contract's formation, at the risk of nullity, or this case is nothing other than the objective cause the functional analysis of the cause The role of the objective cause is to protect individually the parties and for example to cancel contracts that have no counterperformance or which have a derisory one of the same it is thanks to this cause objective what is often controlled the utility and economic interest of the contract. The cause subjective as for it plays a more protective role of social order and it is by controlling the motives or motives of the parties that one also controls the respect of the licéité and morality The cause must be legal The legitimacy of the cause is always presumed. The principle is a presumption of legitimacy. [...]
[...] Sanctions that are not incompatible may be cumulative; damages and interest may always be added thereto. Article 1217 specifies in a particular section the mechanisms of non-performance of the contract and its manifestations of non-performance of the contract. Forced execution Article 1341 « The creditor has the right to the execution of the obligation; he can force the debtor to comply in the conditions provided by law. According to this article, the party to whom the commitment has not been executed has the choice either to force the other to execute the agreement or to request its resolution with damages. [...]
[...] It will therefore be the holder of right and duty. The universal creditor is that who, on the other hand, will succeed tothe to a quote part part) of the patrimony II The arrangements based on the principle of the relative effect of the contract: The stipulation for others, the promise of strong port The stipulation for others article 1205 of cc First situation: a third party may benefit from a contract where a third party is engaged example: the insurance contract subscribed by the parents, but in case of an accident the child who was driving the car will benefit from it. [...]
[...] This action has the effect of protecting the parties in a situation of weakness, the different provisions that are found are there to notably protect the minor In the sales contract one can see the existence of a rescission for injury if the injury is more than 7/12th Article 1174 rescission of the sale for injury if the seller has been injured for more than 7/12th of the price. La rescision = idea that the contract must be based on contractual justice, loyalty of the parties. The rescision goes to lead to the nullity of the contract, it refers to the idea that the contract can be unbalanced, but it must not lead to a significant imbalance. The lesion refers to the clauses Léonines. [...]
[...] The contract is maintained when the law repealsmay repeal the non- written, or when the ends of the rthe same mis known to require its maintenance. The annulment can be total when the irregularity concerns an element derogating from the contract or partial if it only concerns one aspect. The cases of loss of the right to invoke nullity La prescription (sanction of inaction) La confirmation La régularisation La refection The fault (the co-contracting party who committed a fault in the contract by suing and who, after that, would be ill-advised to ask for the nullity of the contract ex. [...]
