Business Contracts

The 1804 Civil Code contained scattered and incomplete rules on contractual non-performance. In recognition of these shortcomings, the reform of contract law has brought all these provisions together in a single section, divided into sub-sections dedicated to the various sanctions for non-performance, and presented by way of introduction in Article 1217.
Article 1217 of the Civil Code, resulting f …

Revisiting the contract of sale

The 1804 Civil Code contained scattered and incomplete rules on contractual non-performance. In recognition of these shortcomings, the reform of contract law has brought all these provisions together in a single section, divided into sub-sections dedicated to the various sanctions for non-performance, and presented by way of introduction in Article 1217.

Article 1217 of the Civil Code, resulting from Ordinance No 2016-131 of 10 February 2016, thus opens up various options to “the party to whom the obligation has not been performed, or has been performed incompletely”, consisting of: “refusing to perform or suspending the performance of its own obligation; pursuing the forced performance in kind of the obligation; obtaining a reduction in the price; bringing about the rescission of the contract; seeking compensation for the consequences of non-performance”. The article specifies at the very end that these sanctions may be combined unless they are incompatible, bearing in mind that “damages may always be added to them”.

While the first types of remedies for non-performance aim to maintain the contract, rescission leads to its extinction, definitively terminating the rights and obligations of the parties for the future. A contract of sale may also be terminated by its invalidation, or by reason of its voidance (caducité). 

Business Contracts

238. Revisiting the contract of sale

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Sous parties

Les notions juridiques connexes

238. Revisiting the contract of sale

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