CONTRACT LAW

Contract Law

Contract Law

Introduction

This paper has been written with regards to the law relating to acceptance of an offer and the extent to which this law in this area need clarification.

Discussion

The law of contracts is defined by the rules of the Civil Code regarding contracts. These rules define the obligations of contractors and come from the moral principle of respect for the word given, which give birth to the sixteenth century to the rule of the binding conventions. The independent source of obligation is the will, independently of the formalism of the expression of consent. The formal nature of contracts is substituted the principle of consent based on trust beneficiary of the obligation that it be executed by the debtor of the obligation. The contract gives birth to the literal sense of the obligations of “good faith ". The principle of contractual freedom, such as autonomy and the immutability of contractual agreements are fundamental principles that are within the law but the Constitutional Council rejects a constitutional principle of contractual freedom (Tushnet 2008, pp. 20).

Obligations under the Contract

The contract gives rise to obligations to do or not do, give or deliver the thing.

The various general obligations arising from the contract are provided for in sections 1136 to 1164 of the Civil Code. To these are added the obligations that are specific commitments under the contract.

Special Contracts

The Civil Code also defines the rules applicable to nominate contracts as part of special contracts. Contracts between traders are also subject to the rules of the Commercial Code. Some contracts created by the practice are essentially commercial in nature, like the factoring.

Evolution of Contract Law

Contract law was developed as part of development of individual autonomy that freed from the bonds of ancient law due to religious, social and political life of the Old Law and rules corporatist. With the industrial revolution contract law has adapted to economic change. The development of collective phenomena and the economic imbalance between the contracting parties have led the development of a protective case. Doctrine, under the leadership of Saleilles groups these rules as part of the concept of membership contract (Morris 2007, pp. 100).

Contracts and Consumer

Insofar as the will of the individual is only formal, with the exception of an intervention as a condition of the relationship, the courts try to make a content control contract, the latter resulting in fact the unilateral will of stipulating to deviate from the provisions unreasonably expensive. The Civil Code was part of a liberal philosophy of individual freedom which legitimized the accepted obligation. The alteration of individual will in the contracts office or general conditions imposed challenged the judges to the value of an expensive commitment and unbalanced. This trend will cause the development of consumer law, now codified as part of a code of consumption , and particularly the national and European regulations on unfair and leads to a series of rules protection in contracts .

Adhesion Contracts and Negotiated Contracts

Contract law is developing in field due to ...