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.
When the parties have entered into an apparent contract that conceals a hidden contract, the latter, also known as a counter-letter, is effective between the parties. It is not enforceable against third parties, who may nevertheless rely on it.
Any counter-letter whose purpose is to increase the price stipulated in the agreement for the transfer of a ministerial office is null and void. Also void is any contract whose purpose is to conceal part of the price, where it relates to a sale of immovable property, a transfer of a business or client base, a transfer of a right to a lease, or the benefit of a promise to…
You can only make a commitment in your own name for yourself.
An obligation may be incurred by promising the act of a third party. The promisor is released from any obligation if the third party performs the promised act. If he does not, he may be ordered to pay damages. Where the purpose of the porte-fort is to ratify an undertaking, the undertaking is validated retroactively to the date on which the porte-fort was entered into.
One can stipulate for another. One of the contracting parties, the stipulator, can make the other, the promisor, promise to perform a service for the benefit of a third party, the beneficiary. The latter may be a future person but must be specifically designated or capable of being determined when the promise is performed.
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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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