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Lecture notes, cheat sheets
History of state and law of foreign countries. Development of institutions of bourgeois civil law. Validity and invalidity of contracts under the Civil Code of 1804 (the most important)
Directory / Lecture notes, cheat sheets Table of contents (expand) Development of institutions of bourgeois civil law. Validity and invalidity of contracts under the Civil Code of 1804 The Napoleonic Code lays down four conditions that are essential to the validity of the agreement. 1. Consent of the party who undertakes. There is no real consent if the consent was given only through delusion, or if it was extorted by violence or obtained by deceit. Misconception is the cause of the nullity of the agreement only when the error refers to the very essence of the thing that is the subject of the agreement. Violenceaction against the one who entered into the obligation is the cause of nullity, even though the violence was carried out by a third person, and not by the one in whose favor the agreement was concluded. Violence is the cause of the nullity of the contract, not only when it is carried out in relation to one of the contracting parties, but also when it is carried out in relation to the spouse of the contracting party, in relation to its descendants or its ascendants. A contract can no longer be challenged on the grounds of violence if, after the violence has ceased, the contract has been approved, either directly or tacitly, or by missing the statutory period for making a claim for restoration. Deception is the cause of the nullity of the agreement, if the course of action of one of the parties is such that it is clear that without these actions the other party would not have entered into the contract. Fraud is not supposed and must be proven. An agreement entered into as a result of error, violence or deceit is not void by virtue of the law itself. As a general rule, one can neither bind nor make agreements in one's own name except for oneself. However, it is possible to speak for a third party, promising that the latter will perform some action; a claim for damages remains in effect against a person who has acted for a third party or who has promised to obtain approval of the contract if the third party refuses to fulfill the said promise. It is equally possible to conclude an agreement in favor of a third party if such a condition is included in an agreement concluded by a person in his own favor or as a gift made to another person. The one who has concluded this agreement cannot cancel it if a third party has declared his desire to use this agreement. It is considered that a person enters into a contract for himself and for his heirs and successors, except in cases where the opposite is expressed in the agreement. 2. Ability to enter into a contract. Every person can enter into contracts unless he is declared incapable by law. Unable to conclude contracts are: minors; persons deprived of legal capacity; married women in the cases specified in the law and in general all those to whom the law forbids certain contracts. A minor, a person deprived of legal capacity and a married woman may dispute, on account of their incapacity, the obligations they have assumed only in cases provided for by law. 3. A specific subject that constitutes the content of the obligation. The subject matter of a contract is what one party undertakes to do or what it undertakes not to do. Simple use and simple possession of any thing can be, like the thing itself, the subject of a contract. Only those things that are in circulation can be the subject of agreements. Future things may be subject to obligation. 4. Permissible basis for obligation. An obligation which has no basis, or which has a false basis, or which has an unlawful basis, cannot receive any force. The validity of an obligation is not diminished, even if its basis is not expressed in it. Author: Selyanin A.V. << Back: Development of institutions of bourgeois civil law. Contract law >> Forward: Development of institutions of bourgeois civil law. Features of English contract law
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