Business Contracts

The essential characteristics of a contract for services - obligation to perform, onerous nature of the contract, independence of performance and absence of representation - derive from a case law interpretation of the provisions of Article 1710 of the Civil Code. When these elements are met, the classification as a contract for services must necessarily be adopted. However, there are many cases w …

Related contracts

The essential characteristics of a contract for services - obligation to perform, onerous nature of the contract, independence of performance and absence of representation - derive from a case law interpretation of the provisions of Article 1710 of the Civil Code. When these elements are met, the classification as a contract for services must necessarily be adopted. However, there are many cases where the exact classification of the contract raises difficulties, particularly in the case of complex contracts involving multiple obligations.

This situation requires us to differentiate between contracts for services, contracts of sale, bailment agreements, leases, agency agreements and employment contracts. Although these contracts appear to be quite distinct from one another, doubts sometimes persist, leading the courts to adopt either one type of contract, or a mixed agreement comprising in part the contract for services and another contract, or one then another, in order to make the contractor assume certain obligations arising from these related contracts, and thus be able to trigger his/her liability in the event of non-performance. Conversely, the classification as a contract for services may also be challenged in order to benefit from the more protective regime of another contract.

Business Contracts

283. Related contracts

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Sous parties

Les notions juridiques connexes

283. Related contracts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise