French Business Law - French Legislation

Article 1217 of the French Civil Code

November 7, 2023

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;…

Article 1218 of the French Civil Code

November 7, 2023

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…

Article 1219 of the French Civil Code

November 7, 2023

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.

Article 1220 of the French Civil Code

November 7, 2023

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.

Article 1221 of the French Civil Code

November 7, 2023

The creditor of an obligation may, after formal notice, pursue its performance in kind unless such performance is impossible or there is a manifest disproportion between its cost to the debtor in good faith and its benefit to the creditor.

Article 1222 of the French Civil Code

November 7, 2023

After formal notice, the creditor may also, within a reasonable time and at a reasonable cost, himself enforce the obligation or, with the prior authorisation of the court, destroy what has been done in breach of it. He may ask the debtor to reimburse the sums incurred for this purpose. He may also request in court that the debtor advance the sums necessary for such performance or destruction.

Article 1223 of the French Civil Code

November 7, 2023

In the event of imperfect performance of the service, the creditor may, after formal notice and if he has not yet paid for all or part of the service, notify the debtor as soon as possible of his decision to reduce the price proportionately. The debtor’s acceptance of the creditor’s decision to reduce the price must be in writing. If the creditor has already paid, in the absence of an…

Article 1224 of the French Civil Code

November 7, 2023

Termination results either from the application of a resolutory clause or, in the event of sufficiently serious non-performance, from notification by the creditor to the debtor or from a court decision.

Article 1225 of the French Civil Code

November 7, 2023

The resolutory clause specifies the undertakings whose non-performance will result in the termination of the contract. The resolution is subject to an unsuccessful formal notice, if it has not been agreed that this would result from the sole fact of non-performance. The formal notice is only effective if it expressly mentions the resolutory clause.

Article 1226 of the French Civil Code

November 7, 2023

The creditor may, at his own risk, rescind the contract by notice. Except in emergencies, it must first give formal notice to the defaulting debtor to fulfil its undertaking within a reasonable period. The formal notice shall expressly state that if the debtor fails to meet its obligation, the creditor will be entitled to rescind the contract. Where non-performance persists, the creditor notifies the debtor of the termination of the…

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Section 5: Non-performance of the contract

Article 1217 of the French Civil Code

Article 1218 of the French Civil Code

Article 1219 of the French Civil Code

Article 1220 of the French Civil Code

Article 1221 of the French Civil Code

Article 1222 of the French Civil Code

Article 1223 of the French Civil Code

Article 1224 of the French Civil Code

Article 1225 of the French Civil Code

Article 1226 of the French Civil Code

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Section 5: Non-performance of the contract

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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