This document summarizes key aspects of contract law, including the concept of perpetual contracts, unilateral promises, and the object of contractual obligations.
Extract
[...] The security of people and goods was at stake. In this case, the cargo was worth several million, and the convention could demand 10% of the cargo, while its intervention was worth only 1%. The cassation court generalized economic violence based on this situation of dependence. - To do this, it requires two elements repeated by the Civil Code: it is necessary to update the economic dependence situation (i.e., update a material situation of subjection of a person to another), and it is necessary to prove that the other party to the contract has abusively exploited this situation, i.e., that it is not because we are in a situation of economic dependence and that we conclude a contract that it is bad and that this constitutes a vice of consent CIV 1isre 3 April 2002 These two requirements are found in Article 1143 CC, which states that there is also violence when one party, taking advantage of the state of dependence in which their co-contractor is with regard to them, obtains from them a commitment that they would not have subscribed in the absence of such coercion and derives a manifestly excessive advantage from it. [...]
[...] This is explained because the objective of theincapacityit is to protect the individual. Therefore, only that person whose legal capacity has not been respectcan call into question the contract Exception: Article 1151 allows the co-contractor to oppose the nullity action by demonstrating: - that the act was useful to the protected person - without lesion OR that it benefited from it (However, if we acted in nullity, it's because the act is a problem = very complex to demonstrate that it's not the case Section 2 - The power of contractor > Two hypotheses are hidden behind this power to contract > Power to contract: ability to enter into an agreement on one's own behalf In certain cases, one may have legal capacity (capacity to enjoy and exercise rights) to carry out an act while being deprived of the power to do so (often due to the presence of such a person). [...]
[...] The qualityis of the co-contractor is a determining element only in contracts intuitu personae (intimately linked to the person). Only these contracts will be taken into consideration, and only contracts that are interested in the identity and qualities of the co-contractor are likely to be called into question - CIV 1isre 2 December 1997 : error when the spouse ignored his spouse and divorced, due to religious concerns. - Ch. Soc July 1990 : one has designated as CEO of a company a person who had caused their previous company to go bankrupt. [...]
[...] - Therefore, the initial price is indeed due. CIV 1isre 13 April 1999 : - concerns a cinisbut installis in a collective building. To help install the cinema, it was exempted from paying property charges as long as it had not reached a certain number of entries (380k) in a year. - The question was to know if this number of place achievement is uncertain or not (is objectively uncertain), or if in the minds of the parties the threshold was so modest that it would be reached. [...]
[...] Therefore, it is necessary to anticipate it a priori. This autonomy of the will allows the parties to engage then together.me qu'they do not master the question of the price. > BUT the contractual freedom should allow it, even if the parties do not have a previsibilityit is on the price, namely that one could considerrequest that c'is their choice. This issue arose on the occasion of two types of contract: framework contract and service contract. Framework Contract > This contract is intended to anticipate future contractual relationships, in the sense that it is a contract that organizes the essential of the specific performances.isof individual contracts that may be entered into by the parties subsequently. [...]
