Ratification of the ordinance reforming contract law
Since the entry into force of Ordinance No. 2016-131 of February 10, 2016, which reformed contract law, the question of its ratification arose, given that although Parliament had authorized the Government to...
The exception of non-performance in futurum or anticipatory contractual self-defense
A party may suspend its obligations when it is clear that its contracting partner will not perform by the due date. This option must be used with caution.
Unilateral price setting in service contracts
In the absence of prior agreement, the price of services may be set by the provider, subject to judicial review in case of abuse.
A topic that has become complex: The representation of two parties to a contract
Is the representation of multiple parties to the same contract valid? Article 1161 of the Civil Code governs this in the presence of a conflict of interest. Authorization, ratification, nullity, and the case of companies: the rules to know.
A new penalty for non-compliance: price reduction
Article 1223 of the Civil Code allows a creditor to obtain a proportional reduction in price in the event of imperfect performance. This article outlines the conditions, the procedure, and the precautions to be taken.
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...