The contract law is the branch of law civil French who studies contracts. Contract law is itself a branch of contract law , like tort law .Contract law was codified in 1804 according to the theory of the Enlightenment 1 under the influence of philosophical autonomy 2 .Therefore, contract law in France is subject to three fundamental principles: freedom of contract , the consensual and binding contract . The theory of free will must still be qualified as it operates within the law .
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Classification of Contracts [ edit ]
The contracts are classified in 7 ways.
According to their autonomy [ edit ]
There are two categories:
- contracts leading independent and are not grafted to any other legal act .
- Contracts accessories that exist in relation to another contract.
If an ancillary agreement valid is grafted to a flawed main contract, the contract attachment disappears along with the main contract.
By title [ edit ]
- in a gratuitous contract, one party wishes to provide a benefit to another without consideration is a donative intent. (Example: the gift or free service).
- a contract for pecuniary interest, there exist cons-provision, which, bilateral advantage. In contracts for pecuniary interest, there are contracts:
- random , which depends on the mutual benefit of a hazard (eg insurance contract , contract of play , betting contract , contract of sale against life annuity and sale at any risk or any chance).
- commutative , whose mutual benefit is known from the start. Each party looking at the contract consideration and some equivalent (eg sales contract ).
This distinction has some interest, particularly because of the protection in respect of contracts for free. First, the reputation of the person is more important than a contract for consideration: it is easier to request cancellation of this contract for mistaken identity . Protection of consent is also strengthened in a gratuitous contract. However, taxation is more important for the acts for free.
Training mode [ edit ]
There may be three different types of training contracts:
- the consensual contracts , the mode of formation of the majority of cases.
- the actual contract , it is the giving of one thing by one of the contracting parties and the agreement of all parties. Examples: contracts of pledge, deposit, loan, gift guide.
- the solemn contracts (formal) should be a formality, in general, the transition to an officer ( notary , …)
Some categories are of doctrinal
- adhesion contracts marked by a unilateral pre-drafting of the contract by a professional (for himself, his counsel or a professional body). These contracts are not subject to any negotiation to establish their final content of the partner states (the writer) is required to accept the block or refuse to contract. At closer to the category of so-called consumer contracts. However, the use of contract of adhesion is not the sole prerogative of the relations between professionals and consumers, professionals often use these forms commonly known as pre-formulated terms and conditions (purchase, sale, or delivery services). The category of contracts of adhesion is secondary, it aims primarily to identify the instrument by its formation. Behind the term of contract of adhesion, the instrument can be of any kind, named or unnamed.
There are also contracts by mutual agreement. One can also distinguish the individual contracts of collective contracts
Unilateral or reciprocal [ edit ]
- unilateral contracts, there is only one of the contractors who have an obligation.
- the bilateral contracts
- indenture perfect: from the beginning, each of the contracting parties must at least an obligation.
- Bilateral contracts imperfect: at first, is there any requirement for a contractor, but then it can establish an obligation for the other.
Single execution services or successive [ edit ]
- contracts instant, there is a single supply or if the bonds can be executed at once (such as cash sales).
- subsequent contracts, there is benefit time. (If seen what it accomplished in time, ie the lease)
Taking into account the personality of the contractor [ edit ]
- contracts a personal basis , there is recognition of the personality of the party. Note: Only the person to whom the contract may execute, the contract may be canceled if the wrong person, the contract expires in the case of death of the person.
- contracts not a personal basis , there is no consideration of the personality of the party.
Nominate contracts and innominate contracts [ edit ]
By law private, some contracts are contracts called : because of a law or code, like the French Civil Code , which regulates and defines the legal regime. These contracts are discussed in the special contract law . The classic examples are the sales contracts, loan, lease, but the security company and the mortgage.
Other contracts made in practice and not defined by a text are called innominate contracts . They have the same legal value as the nominate contracts. Indeed, the autonomy to create contracts not covered by legislation. However, as their legal status was not defined by a text, they are more difficult to implement by the parties and judges to interpret because of the unwillingness of the legislature and their hybrid nature (V. eg leasing, meeting the loan contract and the contract of lease ). Some contracts originally unnamed became the subject of a legislative action to fix their system of judge-made law (EX letter of intent, which is made in practice but has codified Article 2322 of the Civil Code since the reform of Security Interests in the order of March 23, 2006).
See also [ edit ]
Notes and references [ edit ]
Various classes of contracts [ edit ]
- Consensual contract
- Formal Contract
- Actual contract
- Unilateral contract
- Contract of instantaneous performance
- Contract of successive performance
- Membership Agreement
- Contract by mutual agreement
- Commutative contract
- Aleatory contract
- Loan agreement
- Individual contract
- Collective contract
- Fixed-term contract
- Permanent contract
- Onerous contract
- Gratuitous contract
Various types of contracts [ edit ]
The term offeror has its origins in Roman law , where it amounted to a pledge made by a candidate in a municipal magistracy. Today inFrench civil law , the offeror or offer is made to propose the conclusion of a contract 1 .
In a broad sense, almost running, the contract offer may simply be a proposed contract , that is to say a proposal to make a contract.However, the law makes a distinction between the two expressions, the proposed contract is not subject to the same legal N 1 . An offer is really an offeror that if an affirmative answer, pure and simple (acceptance), enough to create a contract between two parties. In other cases, we will disqualify N 2 in the offer proposal to enter into negotiations N 3 or tender N 4 .
Indeed, in a strict legal sense, as understood by the French doctrine N 5 , the definition is “narrow” 2 , and means to enter into a firm proposal to specified conditions, a contract, so that its acceptance is sufficient for the formation of the latter two . However, the authors 3relativize the distinction between supply and offeror, and consider the two terms interchangeably, while acknowledging that the offeror , understood in the strict sense, a higher legal force to the offer.
This definition has been adopted in recent legal instruments. This is the case of Article 14, paragraph 1 st , the Vienna Convention of the United Nations April 11, 1980 N 6 , C 1 , the UNIDROIT Principles of International Commercial Contracts C 2 , the principles of European Contract Law C 3 , or even proposed that the draft reform of contract law and the law of prescription C 4 but was ultimately not applied N 7 .The definition in the countries of Common Law 5 C , or in the Civil Code of Quebec C 6 are substantially identical.
The offeror, however, is no longer the only way to contract: The legal practices have evolved, particularly with the development of pre-contractN 8 , the membership contract No. 9 or the practice of punctate N 10 . The offeror is also found to face the question of the commitment by unilateral will : should we prohibit an offeror to withdraw his offer? If the Bürgerliches Gesetzbuch German accepts the principle of the impossibility of a withdrawal of the offer, the Civil Code French the refuse in the name of freedom of contract : one that is free to make an offer (or not) is also free to withdraw. Symmetrically, if a condition which was necessary for the offeror exists, should disappear (loss of legal capacity of the offeror, the offeror death …), lapses .
The notion of an offeror retains important practical interest: if there was no real offers, there was no contract, and therefore, no contractual obligation exists between the parties. Opposed to a judge the lack of an offer makes it possible to challenge a construction that was to the other party, have the appearance of a contract.
Meanwhile, the judge is also required to maintain legal certainty , to prevent retraction of the offending or abusive offerors. While originally the French Civil Code, litigation on this issue were rare, the judge has gradually been led to determine, from the year 1950 , the content ofthe notion of offeror and his regime .
Thus, for the French positive law, the offeror is a proposal to contract, externalized , showing a willingness to be engaged in case of acceptance for the essential elements of the future contract . An offeror may be removed until it is accepted by the offeree, otherwise, it is incorrect or improper. Finally, if the offeror becomes void if the offeror dies or becomes legally incompetent , it disappears.