A fixed-term contract may be renewed by operation of law or by agreement of the parties. Renewal gives rise to a new contract whose content is identical to the previous one but whose duration is indefinite.
When, on expiry of the term of a fixed-term contract, the contracting parties continue to perform their obligations under the contract, the contract is tacitly renewed. This has the same effect as renewal of the contract.
A contracting party, the assignor, may assign his status as a party to the contract to a third party, the assignee, with the agreement of his co-contracting party, the assignee. This agreement may be given in advance, in particular in the contract concluded between the future assignor and assignee, in which case the assignment takes effect with regard to the assignee when the contract concluded between the assignor and assignee…
If the assigned party has expressly consented, the assignment of the contract releases the assignor for the future. Failing this, and unless otherwise agreed, the assignor is jointly and severally liable to perform the contract.
The assignee may set up against the assignee the defences inherent in the debt, such as nullity, the defence of non-performance, rescission or set-off of related debts. The assignee may not raise against the assignee any defences personal to the assignor. The assignee may raise against the assignee any defences that he could have raised against the assignor.
If the assignor is not discharged by the assignee, any security interests that may have been granted survive. Otherwise, security interests granted by the assignor or by third parties only survive with their agreement. If the assignor is discharged, his joint and several co-debtors remain liable after deducting their share of the debt.
The party to whom the undertaking has not been performed, or has been performed imperfectly, may: – refuse to perform or suspend the performance of his own obligation; – pursue the forced performance in kind of the obligation; – obtain a reduction in the price; – bring about the rescission of the contract; – claim compensation for the consequences of the non-performance. Sanctions that are not incompatible may be combined;…
Force majeure occurs in contractual matters when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract…
A party may refuse to perform his obligation, even though it is due, if the other party does not perform his and if such non-performance is sufficiently serious.
A party may suspend performance of its obligation if it is clear that the other party will not perform when due and if the consequences of such non-performance are sufficiently serious for the party. This suspension must be notified as soon as possible.
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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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