This document outlines the principles governing contract resolution and the consequences of inexécution under French law, specifically referencing articles 1221 and 1222 of the Civil Code.
Extract
[...] - Up to now, this attitude was forbidden because it harmed the legal security. - But the court of casessation has admitted it by considering that the gravity of the behavior of one party to a contract can justify the other party to end it in a wayon unilateralgeneral. The reform of 2016 to consecrateThis is the JP at art al. 1st providing that the creditor may at his own risk and peril resolve the contract by way of notification. [...]
[...] (In default, if they knew, they lied or assumed a risk.) The unpre [...]
[...] 1231-4 CC requires that damages and interest can only be on what is a direct and immediate consequence of theinexexecution. > The debtor must in principle repair what can be directly imputed, personally charged to this debtor it should not in principle repair an accessory consequence related to sons inexexecution. > The burden of proof of this causal link lies with the creditor. Often, the causal link is absorbed by the other two criteria.isres, cad qu'it appearsIt is often presumed when evidence is provided for other elements of responsibility. Justice decisions rarely question liability on this basis. [...]
[...] Theinexexecution contractual cannot therefore constitute a fault here. When well mixedit does not'there would be no force majeure not obliged to go to the direct sanction = chapter 2 > It is often the debtor who will suffer the consequences of force majeure For example, he may have incurred expenses that will not be reimbursed? Dry losses even if he has not been convicted « res perit debitori = the thing perishes at the debtor's charge Chapter 2 - The fight against theinexexecution > Can be done in a more or less soft way. [...]
[...] 1231-2 CC It is only derogatory that certain situations can exempt us from proving this damage case of delay in execution interest on arrears). In default, we will have to demonstrate the predamage. > According to art. 1231-2 always, damages and interest have the object of taking into account either the creditor's loss, or the gain of which he has been deprived. The loss consists in the decrease in value of his assets. The gain of which he has been deprived requires projecting oneself on what the consequences of the contract would have been refers to [...]
