The exception of non-performance in futurum or contractual self-defense in advance
The reform of contract law has undeniably strengthened the means available to one party to a contract to react to its non-performance by the other, without the intervention of a judge. On this occasion,...
Unilateral price fixing in service contracts
The "price" has long remained in the legal unconscious one of the essential elements necessary for the formation of the contract for valuable consideration. The reform of contract law breaks with such a conception to the pro...
A subject that has become complex: The representation of two parties to a contract
Anyone who appreciates the expression that hell is paved with good intentions will perhaps find a good illustration of this in the new article 1161 of the Civil Code. According to this “A representative cannot act on behalf of the two parties to the contract or contract on his own account with the person represented. In ...
A new penalty for non-compliance with obligations: price reduction
The informed observer will note that the reform of contract law has operated both a precise definition of the different types of sanction for non-compliance by a party with its obligations and a strengthening of those...
Pay attention to contractual compliance with the concepts applicable in terms of duration
The reform of contract law resulted in new provisions of the Civil Code governing the duration of the contract. Without being profoundly innovative, these provisions, which enshrine different rules or notions applicable to this subject, must now lead to a meticulous approach to it, starting...