– Everyone is free to contract or not to contract, to choose the person with whom to contract, and to determine the content and form of the contract, within the limits imposed by legislation.Ĭontractual freedom does not allow derogation from rules which are an expression of public policy.Īrt 1103. – A contract is a concordance of wills of two or more persons intended to create, modify, transfer or extinguish obligations.Īrt. Obligations which arise from a juridically significant fact are governed, according to the circumstances, by the sub-title relating to extra-contractual liability or the sub-title relating to other sources of obligations.Īrt. – Juridically significant facts consist of behaviour or events to which legislation attaches legal consequences. They may be based on agreement or unilateral.Īs far as is appropriate, they are subject, both as to their validity and as to their effects, to the rules governing contracts.Īrt. – Juridical acts are manifestations of will intended to produce legal effects. They can arise from the voluntary performance or from the promise of performance of a moral duty towards another person.Īrt. – Obligations arise from juridical acts, juridically significant facts 1 or from the sole authority of legislation. The translation of the text is supplemented by notes written by the translators.Īrt. Professor of European Comparative Law, University of Oxford and Fellow and Tutorĭirection des affaires civiles et du sceau, Ministère de la Justice, Professeur à l’Université Panthéon-Assas (Paris II) Professor of Anglo-American Private Law, University of Leiden Professor of the Law of Contract and Director of the Institute of European andĬomparative Law, University of Oxford, and Tutor in Law, Christ Church, Oxford The new provisions of the Code civil created by THE LAW OF CONTRACT, THE GENERAL REGIME OF OBLIGATIONS,
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