Reform of the law of special contracts | 500 Questions - Business Law (Chapter 2.4.2) • Livv

395. What is the definition of the sales contract adopted by the draft bill?

The preliminary draft reform of the law on special contracts by the Chancellery adopts a more precise definition of the sales contract than that of Article 1582, which states that “the sales contract is an agreement by which one party undertakes …

396. What are the new provisions envisaged regarding the formation of the sale?

Like the Civil Code, the draft reform of the law on special contracts provides for provisions relating to the conclusion of the sales contract found in Articles 1583 to 1594. Mention is made of the formal requirements for this contract, as well as …

397. Who can sell or buy?

To know the rules of legal capacity, which define the persons able to contract, one must refer to the ordinary law of contracts. The provisions dedicated to the law of sale, in the chapter entitled “who can buy or sell,” merely reiterate the …

398. What are the new rules governing the content of sales contracts?

Positive law governing the content of sales contracts is set out in Articles 1598 and 1591. Article 1591 states that “the price of the sale must be determined and designated by the parties,” and Article 1598 that “everything that is in commerce …

399. What rules govern the transfer of ownership effect in a contract of sale?

The Civil Code mentions the transfer of ownership effect (l'effet translatif) of the sale only in Articles 1583 and 1585 of the Civil Code. The draft reform of the law on special contracts aims to address this deficiency by dedicating Articles 1609 …

400. What new rules are envisaged regarding the seller's obligations?

Positive law subjects the seller to several obligations: they are bound by an obligation to inform the buyer, must deliver a conforming item, and are liable for a warranty in case of a defect in the item or warranty agaainst dispossession (garantie …

401. What new rules are envisaged regarding the buyer's obligations?

The preliminary draft reform of the law on special contracts provides, like the Civil Code, provisions governing the obligations of the buyer. To the obligation to pay the price, provided for by Article 1650 of the Civil Code, the draft adds, in …

402. What is the new definition proposed for contracts for services (contrats d'entreprise)?

Article 1755 of the draft reform of the law on special contracts defines the contract for services as follows: “The contract for services is one by which the contractor independently carries out a work for the benefit of their client, the project …

403. What new rules are envisaged to govern contracts for services?

The preliminary draft reform of the law on special contracts establishes a body of rules comprising common rules for all service contracts and specific rules for certain special service contracts. The common rules are set out in Articles 1756 to …

404. What is the proposed new legal framework for the realization of works?

The obligations of the contractor and the project owner are gathered in the same paragraph. The Commission justifies this presentation by the difficulty in distinguishing the obligations of these two parties, which are often intertwined. What is …

405. What new rules are envisaged for the acceptance of works?

The preliminary draft reform defines the acceptance of the work as “the legal act by which the client declares acceptance of the work, with or without reservations” (Art. 1774). The Reform Commission emphasizes the importance of this act which …

406. What are the rules envisaged for the termination of a contract for services?

The draft reform essentially reiterates the classic rules. Thus, Article 1779 para. 1 of the draft states: “The contract for services ends with the death or incapacity of the contractor or, if it is a legal entity, by its dissolution.” The second …

407. What is the current and future definition of the agency agreement (contrat de mandat)?

The contrat de mandat is defined in Article 1984 of the draft: “The mandate, also called power of attorney, is a contract by which a person, the principal, gives another, the agent, the power to enter into one or more legal acts on their behalf and …

408. What are the proposed new rules regarding the conclusion and subject matter of the agency agreement?

The rules established in the draft concern the formalities of the agency agreement, the parties, namely the principal and the agent, the content of the mandate, and finally its duration. The rule retained regarding form is classic: the principle …

409. What new provisions have been proposed regarding the agent's obligations?

Certain provisions of the draft bill reiterate the classic obligations of the agent. Others introduce new rules. Article 1996 of the draft reiterates that the mandate is exercised in principle in the interest of the principal, subject to the …

410. What new rules are put forward for the obligations of the principal?

The principal's main obligation is to fulfill the commitments contracted by the agent, in their name and on their behalf, and in accordance with the powers granted to them. They are also required to pay the agent's remuneration once their mission …

411. What is the regime envisaged for the termination of agency agreements?

Article 2015 of the draft reform reiterates the classic causes for the termination of this contract of trust, namely: the completion of the mission or the expiration of the term, the revocation of the agent, the agent's renunciation of the mandate, …