Article 1190
When in doubt, a contract by mutual agreement is construed against the creditor and in favour of the debtor, and a contract of adhesion against the person who proposed it.
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Showing 5031–5040 of 48687 articles for “Art. Cass. 3e civ. 11 May 2011 · Cass. 3e civ. 30 October 1984 · Cass. 1re civ. 15 October 1996 · Cass. 1re civ. 21 March 2000 · Cass. com. 12 December 1972 · Cass. 3e civ. 7 July 2010 n° 09-12.055”
When in doubt, a contract by mutual agreement is construed against the creditor and in favour of the debtor, and a contract of adhesion against the person who proposed it.
Exceptions are made to the provisions of the previous article for private-signature deeds relating to family and inheritance law, except for private-signature agreements countersigned by lawyers in th…
All the clauses of a contract are to be interpreted in relation to each other, giving to each the meaning which respects the coherence of the whole act. When, with the common intention of the parties,…
The forms required for the purposes of proof or enforceability have no effect on the validity of contracts.
The contract is interpreted according to the common intention of the parties rather than by stopping at the literal meaning of its terms. Where this intention cannot be detected, the contract is inter…
The obligation to deliver the thing entails an obligation to preserve it until delivery, taking all the care of a reasonable person.
Where the cause of nullity affects only one or more clauses of the contract, it entails nullity of the entire act only if that clause or those clauses constituted a determining element of the commitme…
Any clause that deprives the debtor's essential obligation of its substance is deemed unwritten.
The requirement to send several copies is deemed to have been met by electronic means if the written document can be printed by the recipient.
A plea of nullity is not time-barred if it relates to a contract that has not been performed.
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