There are grounds for partial exemption from contractual civil liability. It can be mitigated by conventional means (limitation of liability, contractual penalty clause), but also by an event provided for by law (fault of the creditor). The contractual liability of the debtor can only be engaged if the damage is “a direct and direct consequence of the non-performance” of the contract (Article 1231-4 of the Civil Code). There must therefore be a causal link between the damage and the chargeable event consisting in the non-performance of the contract. In a commitment of means, the person who must perform the contract is not subject to the achievement of a specific result. However, he must make every effort and every means to achieve the result. If he fails to do so, he is liable in contractual matters. Contractual civil liability corresponds to the obligation to compensate for the consequences of the non-performance of a contract (Article 1217 of the Civil Code). This may include: However, certain circumstances relating to contractual relationships may exempt the debtor from liability. The most important of these situations is force majeure. It is comparable to a situation of unpredictability that escapes the debtor.

In addition to this particular situation, there are those in which the creditor himself finds himself on the basis of the act which prevented the debtor from correctly performing the contract concluded. In this case, the contractual liability of the latter is partially released. Fraudulent fault is defined as that by which the debtor of the obligation voluntarily breaches his contractual obligations (“intentionally” ⇒ intentionally, intentionally). Intent to cause damage is not required (Cass. Civ.3 Nos. 99-21.017 and 99-21.284, 27 June 2001). Contractual liability, along with tort (or non-contractual liability), is one of two aspects of civil liability. To arise, contractual civil liability presupposes the fulfilment of several conditions which, if met, may prevail over tortious liability. In order to better explain contractual liability and clarify the concepts discussed above, we will base our development on three axes. In the first part, we will present contractual liability by indicating its definition and conditions. In a second part, we then examine the relationship between contractual liability and tort and present the legal regime of contractual liability. Contractual liability exists when a harmful event is established by the fulfilment of three cumulative conditions: damage (unless damages specified in the contract are specified in the contract in the event of non-performance of the obligation by the debtor; with a few exceptions, the judge cannot change the amount), an event giving rise to liability (non-performance or improper performance of the contract) and a causal link.

The penalty clause is the provision by which the parties determine in a lump sum and in advance the amount of damages due by one of the parties to the other in the event of non-performance of their contractual obligations. It makes it possible to encourage the debtor to fulfil his contractual obligations. Contractual liability refers to the obligation to compensate for all damages resulting from the non-performance of the obligations arising from the contract concluded by the contracting parties. The general theory is that of freedom of contract, i.e. the freedom to conclude the contract (contract) or not to conclude it (refuse the contract). This is a well-known constitutional principle in constitutional law. This constitutional freedom is governed by strict rules as soon as one decides to be a party. One of the fundamental principles of the law of obligations is the principle of freedom of contract. According to this principle, every person is free to enter into contracts because he cannot be forced into a contractual relationship with others. He is also free not to enter into any contract.

We still speak in French Droit of the principle of the autonomy of the will. It is clearer that no one can be compelled to submit to a contractual obligation. Everyone has free choice in this matter. This principle of contractual freedom implies two realities, which we will explain below. The RC of 4-1 CPP is non-contractual (due in the absence of contract)) and is extrajudicial (due in the absence of crimes, cad, qd no RP retained). It`s dc not 2pans, ms, 3! There are two types of responsibilities; civil liability arising from a contract, also known as contractual liability and non-contractual liability, arising from the acts or omissions of a person. Both types of liability are based on the concept of “fault”, which includes the intentional or unintentional breach of a civil duty. In order to establish the breach of a contractual obligation, the causal link between the damage and the damage suffered must be demonstrated. There are causes that completely release the debtor from contractual liability. There is a conventional means: the exclusive liability clause. The law provides for force majeure as a ground for total exemption (Article 1231-1 of the Civil Code). Apart from this case, the act of the third party who contributed to the damage does not allow the debtor to discharge his contractual liability.

Non-contractual (or tort) civil liability is equivalent to compensation for the harmful consequences suffered by others as a result of a voluntary or involuntary act (Article 1240 of the Civil Code). The obligation to make reparation has its origin in the law. The question of cumulation of civil liability always arises when the damage can be covered by both types of liability. The answer is clear, it is not possible to combine contractual and non-contractual civil liability. Contractual liability sanctions the damage suffered by a party as a result of the non-performance of a contract. Thus, in addition to the existence of a contractual link, it implies the fulfilment of three cumulative conditions: the debtor can only be contractually liable if he has caused the damage. Consequently, a case of force majeure preventing him from correctly fulfilling his obligation constitutes grounds for total exemption from liability of the debtor (Article 1231-1 of the Civil Code). At first glance, we have to go back to the concept of civil liability. In civil law, civil liability means that any person who has caused damage to another party must pay fair compensation to the other party: Article 1240 of the Civil Code and Article 1241 of the Civil Code. It is divided into two branches: contractual liability (which applies in the event of an agreement between the parties and is governed by contract law) and tort liability (also known as non-contractual liability). The following diagram provides an update on civil liability.

🔍 Gross negligence is defined as negligence of extreme gravity preventing the debtor from performing the contractual task he was supposed to perform (Cass. mixte, n ° 03-14.112, April 22, 2005, Chronopost) According to Article 1103 of the Civil Code, the legally concluded contract is the right between the parties. It therefore regulates the relations between the latter and determines the modalities of performance of their respective obligations. As a result, the contractual clauses may be modified and restructured by mutual agreement between the parties and for reasons permitted by law. Once the contract is concluded and the conditions are established, the parties must comply with it. Thus, in the event of a dispute, the judge will determine the common will of the parties to decide. Contractual liability is that resulting from the poor performance or defectiveness of the contract. It must be recognized that contractual liability allows for certain conditions; In particular, a so-called generating event, also a damage that must be present and it will be necessary to be able to associate this damage with the event that caused it (the causal relationship). The parties are also entitled to agree on the terms of the contract according to their wishes (this is called contractual adjustment).