The exception of non-performance in futurum or contractual self-defense in advance
The reform of contract law has undeniably strengthened the range of means available to a party to a contract to respond to its non-performance by the other party, without the intervention of a judge. On this occasion,...
Unilateral price setting in service contracts
The "price" has long remained, in the legal unconscious, one of the essential elements necessary for the formation of a contract for valuable consideration. The reform of contract law breaks with such a conception...
A subject that has become complex: The representation of two parties to a contract
Those who appreciate the expression that the road to hell is paved with good intentions might find a good illustration of it in the new Article 1161 of the Civil Code. According to this article, "A representative may not act on behalf of both parties to a contract, nor contract on their own behalf with the represented party. In..."
A new penalty for non-compliance with obligations: price reduction
The astute observer will note that the reform of contract law has simultaneously provided a precise definition of the different types of sanctions for a party's failure to fulfill its obligations and strengthened those...
Pay close attention to ensuring contractual compliance with applicable duration requirements
The reform of contract law has resulted in new provisions in the Civil Code governing the duration of contracts. While not profoundly innovative, these provisions, which enshrine various rules and concepts applicable to this subject, should lead to a more meticulous approach to it, particularly...