Title XV: Transactions

A settlement is a contract by which the parties, by mutual concessions, terminate a dispute that has arisen, or prevent a dispute from arising. This contract must be drawn up in writing.

To transact, you must have the capacity to dispose of the items included in the transaction. The guardian may only transact for the minor or adult under guardianship in accordance with Article 467 under the heading “De la minorité, de la tutelle et de l’émancipation”; and he may only compromise with the minor who has become of age, on the tutorship account, in accordance with Article 472 au même titre….

A civil interest arising from an offence may be settled. A settlement does not prevent prosecution by the public prosecutor.

Settlements are confined to their subject matter: the waiver made therein of all rights, actions and claims, means only that which relates to the dispute which gave rise to it.

Transactions settle only those disputes which are included in them, whether the parties have manifested their intention by special or general expressions, or whether that intention is recognised by a necessary consequence of what is expressed.

If a person who had compromised on a right which he had in his own right subsequently acquires a similar right in the right of another person, he is not, as regards the newly acquired right, bound by the earlier transaction.

The transaction made by one of the interested parties is not binding on the other interested parties and cannot be opposed by them.

The settlement prevents the parties from instituting or continuing legal proceedings with the same subject matter.