FranceCode civil, Articles 1103, 1119 and 1171 (General Conditions Bind Only When Brought to Knowledge and Accepted; Unbalanced Adhesion Clauses Deemed Unwritten)
Code civil, arts. 1103, 1119 and 1171
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- If you invoke general conditions against another party, bring them to that party's knowledge and obtain its acceptance, because they have effect against the other party only on those conditions (Article 1119, paragraph 1).
- Where your general conditions disagree with the other party's, treat the incompatible clauses as without effect, and let particular conditions prevail over general conditions (Article 1119, paragraphs 2 and 3).
- Perform a lawfully formed contract as you would a law, because it takes the place of law for those who made it (Article 1103).
- Do not rely on a non-negotiable clause that one party determined in advance in an adhesion contract and that creates a significant imbalance between the rights and obligations of the parties, because it is deemed unwritten (Article 1171, paragraph 1).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 1103, 1119 and 1171 govern when general conditions bind, how contracts take effect and which adhesion clauses are unwritten. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
General conditions invoked by one party take effect against the other party only if they were brought to that party's knowledge and accepted by it (Article 1119, paragraph 1). Where the general conditions invoked by each party disagree, the incompatible clauses have no effect (Article 1119, paragraph 2). Where general conditions and particular conditions disagree, the particular conditions prevail over the general conditions (Article 1119, paragraph 3).
Lawfully formed contracts take the place of law for those who made them (Article 1103). In an adhesion contract, a non-negotiable clause determined in advance by one party that creates a significant imbalance between the rights and obligations of the parties is deemed unwritten (Article 1171, paragraph 1). The assessment of significant imbalance concerns neither the main object of the contract nor the adequacy of the price to the performance (Article 1171, paragraph 2).
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