III. The Form of Contracts

Question 1

A) General provisions
Art. 1172

Answer 1

On principle contracts are consensual.
By exception, the validity of a solemn contract is subject to the fulfilment of formalities set by legislation,
and their absence renders the contract a nullity except where it may be regularized.
Otherwise(Sinon), legislation subjects(soumet) the formation of certain contracts to the delivery of a thing.(d’une chose)

Question 2

Art. 1173

Answer 2

Formal requirements imposed for the purposes of proof (objectif de la preuve) of a contract or setting up(mise en place) a contract against another person have no effect on the validity of the contract.

Question 3

Opposability

Answer 3

By opposability a contract can’t be ignored by third parties.

Question 4

IV. Sanctions