Contract formation, Civil Code, offer and acceptance, burden of proof, admissible modes of proof, contractual obligation, force majeure, legal act
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Abstract
This document outlines the conditions for contract formation under the Civil Code, including the meeting of an offer and acceptance, burden of proof, and admissible modes of proof.
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[...] In this case, it is indeed the very existence of a contract for additional work that is disputed. In conclusion, the object of the proof is the existence of a contract. III- Modes of Admissible Proof The law of evidence arising from the ordinance of 10 February 2016 distinguishes between a principle and an exception. The principle is set out in Article 1358 of the Civil Code and is that of freedom of proof ("except where the law provides otherwise, proof may be provided by any means"). [...]
[...] She eventually chose to retain the tender from Mr. Dac, which mentions a total price of 8000 euros for the manufacture and installation of the pergola, while planning the start of work in January 2024. Madame Durand sends an email to Mr. Dac indicating that the SCI retains his tender, then receives an immediate receipt of receipt. However, Mr. Dac replies that he has 'signed no document' and that the tariffs have been evaluated, bringing the price up to 9000 euros. [...]
[...] The 2016 reform maintained the principle but modified the sanction: according to Article 1116, Civil Code, the offer 'cannot be withdrawn before the expiration of the deadline set by its author', it being specified that 'the withdrawal of the offer in violation of this prohibition prevents the conclusion of the contract' and only engages the extra-contractual liability of the offeror. In this case, if Mr. Dac had announced to Mrs. Durand the modification of his tariffs as of October Mrs. Durand can only obtain damages and interest from Mr. Dac. [...]
[...] Once acceptance has reached the offeror, the contract is formed and withdrawal is impossible. Mr. Dac decides to increase his price and argues that he has signed 'no paper'. However, since October he is contractually engaged with SCI company and is required to pay the price as initially set in the offer. The creditor can force his co-contractor to execute his obligation. Forced execution is indeed provided for in Article 1221 of the Civil Code, which provides for the possibility of requesting execution in kind after a notice of default by the co-contractor. [...]
[...] Can a supplier be blamed for unilaterally modifying the terms of the contract due to a force majeure configuration? In principle, Article 1103 of the Civil Code provides that 'contracts legally formed serve as law for those who made them'. Article 1217 of the Civil Code gives the contractual creditor the possibility of forcing execution and punishing the debtor in case of non-execution. Article 1104 of the Civil Code provides that 'contracts must be negotiated and executed in good faith'. [...]
