The effects of contracts

Question 1

Art. 1193

Answer 1

Contracts may not be modified or revoked unless (sauf si) by the parties’ mutual consent or on grounds which law authorizes.

Question 2

Only valid contracts are binding

Answer 2

Because of the binding effects of contracts, one party may never change alone a contract, unless all
parties agree about the modification, or revocation.

Question 3

However, on the 1st day (when the contract is concluded)

Answer 3

the parties together, if they agree may, insert a clause authorizing the modification/revocation of the contract in case the majority agrees.

Question 4

Art. 1194

Answer 4

The parties to a contract are bound(sont liées) not only by contractual clauses but also by all the consequences to the contract that are imposed by fairness, usage, or law

Question 5

Art. 1195

Answer 5

If an unexpected change of circumstances since the conclusion of the contract makes the performance excessively onerous for a party who had not accepted the risk of such a change, that party may request the other contracting party to renegotiate the contract. The first party must continue to perform his obligations during renegotiation.

In the case of refusal or the failure of renegotiations, the parties may agree to terminate the contract from the date and on the conditions which they determine, or by a common agreement ask the judge to adapt the contract to the new circumstances. In the absence of an agreement within a reasonable time, the court may, on the request of a party, revise the contract or put an end to it, from a date and subject to such conditions as

Question 6

an unexpected change (changement inattendu) of circumstances after the conclusion of the contract. There are two possibilities :

Answer 6

1. If the parties are wise (si les parties sont sages,), before the conclusion of the contract, they would insert some clause allowing an adaptation in case the circumstances change.
2. If the parties are not wise, they won’t insert a clause allowing an eventual adaptation.

Question 7

This was the position before 2016. Now, we have a new provision : art. 1195.

Answer 7

If a change of circumstances that was unforeseeable at the time of the conclusion of the contract renders performance excessively onerous for a party who had not accepted the risk of such a change, that party may ask the other contracting party to renegotiate the contract. The first party must continue to perform his obligations during renegotiation.

Question 8

Art. 1218

Answer 8

In contractual matters, there is force majeure where an event beyond(dépasse) the control of the debtor, which could not reasonably have been foreseen (prévu) at the time of the conclusion of the contract and whose effects could not be avoided by appropriate measures, prevents performance of his obligation by the debtor.
If the prevention is temporary, performance of the obligation is suspended unless the delay which results justifies termination of the contract. If the prevention is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided by articles 1351 and 1351-1.

Question 9

Both art. 1195 and art. 1218

Answer 9

are non-mandatory provisions