Overview French Contract

Overview of French contract laws

Definition :

A contract is an agreement by which one or several persons bind themselves, towards one or several others, to transfer, to do or not to do something.

The contract is a contractual obligation created by the will of the parties, this means that the contractual obligation is voluntary and lawful. It is the parties themselves that determine the scope of this obligation. We made a contract, we agree on the price. The parties decide about the essentials elements. The contract is an expression of intention to create legal effects. However there is a voluntary act, a lawful act at the beginning. This contract shall be concluded in accordance with legal prescription, so the contract is valid if it is lawful.

The first step for an contractual obligation is the will of the parties

Obligation are represented only by one authority, the law. For instance it is the obligation of the spouses to contribute to the expenses of marriage. This is the law, the Civil Code, which include the obligation of the spouses to contribute to the expenses of the marriage.

The contract is an agreement between two or more persons, which the law gives a legal sanction to the commitments it includes.

The commitment of the seller to deliver the goods, and the commitment of the buyer to pay the price. So there is an agreement between two people and most of the time, the agreement is between a seller and a buyer. This agreement is legally sanctioned, the seller is obliged to deliver the goods, and the buyer may demand to the seller to meet his commitments. If the buyer does not pay the price, so the seller may enter an action against him, in order the price will be really paid.

The contract is a voluntary agreement , this one is extremely varied. it can be created in writing, or a phone call, mail or fax

Different kind of contract :

- A contract is synallagmatic or bilateral where the contracting parties bind themselves mutually towards each other. (art 1102)

- It is unilateral where one or more persons are bound towards one or several others, without there being any obligation on the part of the latter.(art 1103)

A unilateral contract is one in which the offeror is bargaining for a completed performance.

A bilateral contract is one in which the offeror is bargaining for a promise to perform.

-A contract of benevolence is one by which one of the parties procures a purely gratuitous advantage to the other.(art 1105)

-A contract for value is one which obliges each party to transfer or do something.(art 1106)

Foundation of the contract

Consuality :

The conclusion of contract is represented by the principle of freedom, because the will is the most important thing to create the contract. Consent of the parties, if it is free, if it is clear, that's sufficient for the contract to be legitimately concluded.

Contractual freedom :

When we make a contract, the parties are free to determine the content of the contract, they are also free to contract or not contract. Freedom allows the parties to modify the contents of the contract, to set obligations.

Obligation of the contract :

After the parties consented to the contract, they must comply with this agreement. Between the parties, the agreement is a veritable law, the parties cannot ignore it.

Conditions of contract formation: consent

The contract connect the parties, it is mandatory. When the contract is legally formed, meaning that the parties should enter into a binding contract, then must comply with the conditions laid down by law. The principle here is the freedom to consent, freedom not to contract and to choose his partner.

Four requisites are essential for the validity of an agreement :

The consent of the party who binds himself;

His capacity to contract;

A definite object which forms the subject-matter of the undertaking;

A lawful cause in the obligation