Business Contracts

There is nothing to prevent a contract of sale covering a future item. In fact, Article 1163 of the Civil Code stipulates that the purpose of an obligation is to provide a present or future service. This may involve a thing to be manufactured, a future harvest, an unborn animal or future rights. Articles 1601-1 et seq. of the Civil Code, reproduced in the Construction and Housing Code, govern the sale of buildings to be constructed, an agreement by which the seller undertakes to erect a building within a specified timeframe. The contract may be concluded on completion or in a future state of completion. 

In addition, pursuant to Article 722 of the Civil Code, agreements intended to create or waive rights to all or part of an unclaimed estate or property dependent thereon are permitted, but only take effect in cases where they are authorized by law.

The shares of an undertaking which has not yet been registered may also be transferred. In effect, Article L. 228-10 of the Commercial Code only prohibits the negotiation of shares, not their transfer, prior to the undertaking's registration .

The transfer of copyright in future works is strictly regulated by law. In effect, Article L. 131-1 of the Intellectual Property Code stipulates that the global assignment of future works is null and void. Nevertheless, the assignment of future works is not unlawful if it is limited in time and not accompanied by requirements incompatible with the author's moral rights . However, within the meaning of Article L. 132-4 of the same code, an agreement may stipulate that an author undertakes to grant a preferential right to a publisher for the publication of his or her future works in clearly defined genres. Similarly, an order for the copyrights to a future work by a television company, which stipulates that the work is to be implemented as a soap opera, is binding on the parties, even if the price is not specified .

Cass. com. 26 February 2008, LawLex202200000827JBJ.

Cass. 1re civ, 19 January 1970, LawLex202200000071JBJ.

Cass. 1re civ. 24 February 1987, LawLex202200000901JBJ.

14. Future thing (chose future)