Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
Chapter 1: Pre-contractual negotiations
Section 1: Unilateral promise to sell
Section 2: Unilateral promise to purchase
A: Classification
B: Conditions of validity
C: Buyer withdrawal
II: Legal rules
Section 4: Pre-emption agreement (Pacte de préférence)
Chapter 3: Consent to the sale
Title 3: Performance of the contract of sale
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
95. Substitution
1 minute de lecture
In some cases, a bilateral promise to sell includes a substitution clause, whereby the beneficiary of the promise may appoint a third party as a substitute.
According to case law, the fact that the beneficiary of a promise of sale may appoint a substitute does not constitute an assignment of a claim, and therefore does not entail the obligation to comply with the formalities set out in Article 169 …