The rights of obligations and contracts
The rights of engagements and contracts is a very large topic where rights and obligations are created when handling unilateral judicial actions or actions concerning more parties. It is possible that engagements without contract are automatically falling under the Law, such as the cases of liability without contract. One could say that all engagements fall under the Law.
Engagements can exist by the sole judicial action such as a donation or by a natural engagement.
Most of the engagements however appear from a convention or agreement .
The article 1134 of the Civil Code states that all legal conventions serve as the Law for those who have contracted them. They can only be disproven by mutual consent of the parties involved or on the basis of facts recognized by the Law. Conventions must in all cases be respected in good faith by all the convening parties.
When one of the parties does not respect its obligations, a Judge will have to intervene and the plaintiff party can request that the defaulted party would be sentenced to respect the terms of the convention or ask to end the convention with possible request for damages.
Some of the most common conventions are the buying agreements, the rental conventions, the insurance conventions and the conventions to build a property. Many conventions are regulated by the law. These legal conventions can be of Public Order, of urgent order or of subsidiary order.
The setting of a convention can raise a great number of problems. When is the contract concluded ? Which are their validity conditions ? What happens in the case of errors committed before the conclusion of the contract ? Which are the obligations of the parties to the contract ? Which clauses are illegal ? Can the contract be suspended ? What happens in the case of unpredictable external events ? Can the contract be opposed to third parties ? What are the judicial consequences of the signing of a convention ? How must the convention be interpreted and which the means of proof ?
Can the convention be annulled ?
You can address us for :
- The control and the profound analysis of contracts
- The writing of contracts, transactions and general conditions
- Counselling and assistance for enterprises
- The sending of a default notice or subpoena to the opposite party
- The introduction of a judicial action as plaintiff or defendant when the terms of a contract are not respected
- The writing of a subpoena or a foreclosure in the case of a judicial liquidation
- Assistance to the tenant or the landlord in the case of a judicial procedure or an amicable settlement
- Assistance to the buyer or seller in the case of a judicial procedure or an amicable settlement
- Assistance as the plaintiff or defendant for an enterprise or for the principal in the case of a default of payment or when the promised works are not done properly.