Civil Code Requirements for Written Commencement of Proof

Extract

[...] 80-533 of July as last modified by Decree No. 2016-1278 of September sets this amount at ?1,500. In other words, as soon as it is a matter of proving the existence of a legal act with a value exceeding ?1,500, a pre-constituted written document is required. In this case, Gabriel sent an email to Maïté in which he informed her of the rent he would pay in exchange for the rental of a service room that she owns. These exchanges show a mutual manifestation of will. [...]

[...] to Maïté, who had lent him 1000 Maïté returned Gabriel's debt acknowledgement without knowing that 250 ? was missing. Thus, Maïté can claim that the concluded contract is not completed because Gabriel did not fully execute his obligation of restitution. To support his claims, Maïté can join this deed, the testimony of Gabriel's former partner, who states that he did not repay the entire amount voluntarily. This other means of proof will be evaluated by the judges. Therefore, Maïté has a better chance of recovering the 250 ? of the loan rather than the rent. [...]

[...] It can only supplement the existence of a written document if it is corroborated by another means of proof, external to the act, which is evaluated by the judges of the facts at their discretion. In this case, the exchange of emails between Maïté and Gabriel has an intelligible meaning and clearly shows Gabriel's desire to rent Maïté's room. Therefore, if Gabriel claims that there is no contract concluded in this case, he will have to provide proof. Also, Maïté cannot rely solely on this written commencement of proof. [...]

[...] It is then necessary to characterize the existence of a commitment, which implies that the written document contains the subscription of a legal obligation. Finally, the written document must be signed by those who commit. Article 1367 of the Civil Code provides that, as well as the signature, which is necessary for the perfection of a legal act, identifies the notary and manifests his consent to the obligations that arise from the act. When the signature is electronic, Article 1367 imposes the use of a reliable identification procedure that guarantees its link with the act to which it is attached. [...]

[...] The judges are particularly strict in their assessment of reliability. They consider that simply mentioning names and surnames at the bottom of an email would not constitute an electronic signature in itself (First Civil Chamber, September 30, 2010). In this case, Gabriel sent an email to Maïté to inform her of the commitment he made to send her the amount of ?1,600 for the payment of the rent of the service room that he rents for two months. In this case, there is a written record containing a reciprocal legal commitment. [...]