Contract Law Principles

Extract

[...] Cass 3e chambre civile January 2008 > In view of articles 1589 and 1129, the appeal court's judgment was quashed on the grounds that the appeal court failed to draw the consequences of its own findings, whereas the sale promise concerned a villa located on a closed plot of land, the area and cadastral location of which, as well as the area of a detached parcel, were specified, so that the object of the sale could be determined. 5. Ass. plén., 1er Dec. 1995 L'indétermination du prix dans un contrat-cadre n'entraîne pas sa nullité lorsque le prix sera fixé dans des contrats ultérieurs. Only the abuse in the fixing of the price can be sanctioned (resiliation or indemnisation NOT NULLITY) If there is a unilateral fixing of the price, action must be taken on the execution conditions. [...]

[...] The recognition of the quality of solvens (the debtor is indeed the debtor and the creditor is indeed the creditor) II. An abstraction with regard to the error on the order of privileges A. An indifference to the fault character of the error committed by the solvens B. The non-application of the principle of equality between the chirographary creditor When a creditor is deprived of security, he is required to return the sums paid in violation of the principle of legality. [...]

[...] Obligation to give We will force to give the thing Obligation to do We cannot oblige someone to do > Court of Cassation, 3rd Civil Chamber May 2011 > Usufruct Usus et fructus (parents) > La nue-propriété Abusus (child) Subsequently, the child will consent to a unilateral promise of sale relating to the property upon the death Suspensif Suspends the obligation Extincteur Extinguishes the obligation The levWaiver of the option by the beneficiary of an unilateral promise cannot bebetween imposinged if the promisor has beencontractit is before the realization of the option, because there is then no meeting of willss. Session 4 - The Content of Contracts > The contract must have a lawful and certain object (determinable and determinable) There must be a balanced contract > Illicit Contracts - Drug - GPA - Prostitution > Uncertain : - There must be an uncertain and indeterminable counterparty = The counterparty must be real otherwise the contract can turn out to be fictional 1. Cass. civ. [...]

[...] > Objective conception = we look concretely Subjective conception = > Chronopost 1996 Ruling: contractual commitment guarantees reliability and speed of delivery But clause limiting compensation in case of delay Clause must be declared non-written Any clause that deprives an obligation of substance must be deemed non-written > The cause = the counterpart of the obligation Transfer of ownership Session 5 - Effects of the Contract > There are intra partes and extra partes effects Exception to the relative effect Opposability of the contract to third parties > Stipulations for others: example of the life insurance contract, a contract that stipulates on the third party (the beneficiary) > The distinction between obligation of means and obligation of result has consequences on force majeure It emerges from the judgment of 28 November 2008 an obligation of result safety : 1. Cass., mixed chamber Nov. 2008 The railway carrier is liable to passengers of an obligation of result safety. The victim's fault does not affect itexonèis totally that if it presents the charactersères of force majeure (unpredictable and irresistible). The fault of the victim's imprudence is neither unpredictable nor irresistible 2. Cass., civ March 1876, Canal de Craponne THEORY OF UNFORESEEN CIRCUMSTANCES: The judge cannot modify a contract to adapt it to circumstances, includingme if I am exexecution becomes disbalancedis. [...]

[...] She must act in the interest of this person and in a mannerin a reasonable manner. In exchange, the beneficiary must reimburse useful expenses and indemnify the manager if necessary. Restitution of the indu: The restitution of the indu corresponds to the reimbursement of what has been paypaid by mistake when nothing was owed. It involves a payment and the absence of a debt. The person who received the undue payment must return the sum, with possible additional consequences in case of bad faith. [...]