Article 1191 of the French Civil Code
November 7, 2023
When a clause has two possible meanings, the one that gives it effect prevails over the one that does not.
When a clause has two possible meanings, the one that gives it effect prevails over the one that does not.
Clear and precise clauses cannot be interpreted without distortion.
Contracts may only be modified or revoked with the mutual consent of the parties, or for reasons permitted by law.
Contracts are binding not only on what is expressed in them, but also on all the consequences that equity, usage or the law give them.
If a change in circumstances unforeseeable at the time the contract was concluded makes performance excessively onerous for a party who had not agreed to assume the risk, that party may ask its co-contractor to renegotiate the contract. It continues to perform its obligations during the renegotiation. If renegotiation is refused or fails, the parties may agree to terminate the contract, on the date and subject to the conditions they…
In contracts the object of which is the alienation of ownership or the assignment of another right, the transfer takes place when the contract is concluded. This transfer may be deferred by the will of the parties, the nature of the things or by the effect of the law. The transfer of ownership entails the transfer of the risks of the thing. However, the debtor of the obligation to deliver…
The obligation to deliver the thing entails an obligation to preserve it until delivery, taking all the care of a reasonable person.
Where two successive purchasers of the same tangible movable hold their right from the same person, the one who first took possession of that movable is preferred, even if his right is subsequent, provided that he is in good faith. Where two successive purchasers of rights in the same immovable property hold their rights from the same person, the one who first published his title of acquisition executed in authentic…
A contract creates obligations only between the parties. Third parties may neither request performance of the contract nor be compelled to perform it, subject to the provisions of this section and those of Chapter III of Title IV.
Third parties must respect the legal situation created by the contract. They may rely on it in particular to provide proof of a fact.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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