In a contract of adhesion, any non-negotiable clause, determined in advance by one of the parties, which creates a significant imbalance between the rights and obligations of the parties to the contract shall be deemed unwritten. The assessment of the significant imbalance does not relate either to the main subject matter of the contract or to the adequacy of the price to the service.
Contracts are in principle consensual. By way of exception, the validity of solemn contracts is subject to the observance of forms determined by law, failing which the contract is void, unless it can be regularised. In addition, the law makes the formation of certain contracts subject to the delivery of a thing.
The forms required for the purposes of proof or enforceability have no effect on the validity of contracts.
Where a writing is required for a contract to be valid, it may be drawn up and stored in electronic form under the conditions laid down in Articles 1366 and 1367 and, where an authentic instrument is required, in the second paragraph of article 1369. Where a statement in the handwriting of the person obliging himself is required, the latter may affix it in electronic form if the conditions for…
Exceptions are made to the provisions of the previous article for private-signature deeds relating to family and inheritance law, except for private-signature agreements countersigned by lawyers in the presence of the parties and filed with a notary in accordance with the procedures set out in articles 229-1 to 229-4 or in the article 298.
Where writing on paper is subject to particular conditions of legibility or presentation, electronic writing must meet equivalent requirements. The requirement for a detachable form is satisfied by an electronic process which allows the form to be accessed and returned by the same means.
The requirement to send several copies is deemed to have been met by electronic means if the written document can be printed by the recipient.
A contract that does not fulfil the conditions required for its validity is null and void. Nullity must be pronounced by the judge, unless the parties establish it by mutual agreement. The annulled contract is deemed never to have existed. Performed services give rise to restitution under the conditions set out in articles 1352 to 1352-9. Independent of the annulment of the contract, the injured party may seek compensation for…
Nullity is absolute where the rule infringed has as its object the safeguarding of the general interest. It is relative where the rule infringed has as its sole object the safeguarding of a private interest.
Absolute nullity may be requested by any person justifying an interest, as well as by the public prosecutor. It cannot be covered by confirmation of the contract.
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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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