Where the quality of the service is not determined or determinable under the contract, the debtor must offer a quality of service that conforms to the legitimate expectations of the parties, taking into account its nature, custom and the amount of the consideration.
Where the price or any other element of the contract must be determined by reference to an index which does not exist or has ceased to exist or to be accessible, the index shall be replaced by the index which is closest to it.
In synallagmatic contracts, lack of equivalence of performance is not a ground for nullity of the contract, unless the law provides otherwise.
A contract for valuable consideration is void where, at the time of its formation, the consideration agreed for the benefit of the person making the commitment is illusory or derisory.
Any clause that deprives the debtor’s essential obligation of its substance is deemed unwritten.
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.
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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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