17/03/2023
Written by Valérie Valeux and Caroline Moulin
Pursuant to article 1103 of the Civil Code, “Legally formed contracts take the place of the law for those who have made them”.
Beware of the binding force of the contract on the parties!
The Cour de cassation regularly points out that the will of the parties is fundamental.
It did so once again in a ruling of 8 February 2023 on the benefit or otherwise of a substitution expressly provided for and framed in a promise to sell property.
A promise to sell may contain a substitution clause. If the parties have contractually defined the specific forms and procedures for implementing this substitution option (deadlines, registered letter with acknowledgement of receipt, etc.), these are binding, unless there is an unequivocal waiver of the procedures initially provided for.
Failure to comply with the contractual conditions for substitution renders it unenforceable.
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