DEFINITION OF THE CONTRACT
The contract is defined in the new article 1101 of the Civil Code
“Art. 1101 .- The contract is an agreement of wills between two or more persons intended to create, modify, transmit or extinguish obligations.
- in Quebec law article 1378 of the Civil Code of Quebec The contract is an agreement of will, by which one or more people bind themselves towards one or more others to carry out a service.
|Contract and market
The market is where supply and demand meet around a thing and a price.
From a legal point of view this meeting of supply and demand, with agreement on the thing and the price, constitutes a contract . The contract is therefore the legal expression of the market
The contract is therefore at the center of market law . The competition law to intervene to monitor contract compliance with the rules of procurement law
|TYPES OF CONTRACT
|“Art. 1106.- The contract is synallagmatic when the contracting parties oblige each other reciprocally. “It is unilateral when one or more people bind themselves to one or more others without their reciprocal commitment.
“Art. 1107.- The contract is against payment when each of the parties receives an advantage from the other in return for that which it provides. “It is free of charge when one of the parties provides the other with an advantage without waiting for or receiving any consideration.
“Art. 1108.- The contract is commutative when each of the parties undertakes to procure for the other an advantage which is regarded as the equivalent of that which it receives.
“It is uncertain when the parties agree to make the effects of the contract, in terms of the benefits and losses that will result, depend on an uncertain event.“Art. 1109.- The contract is consensual when it is formed by the sole exchange of consents, whatever the mode of expression. “The contract is solemn when its validity is subject to forms determined by law. “The contract is real when its formation is subordinated to the delivery of a thing.
“Art. 1110.- The over-the-counter contract is one the stipulations of which are freely negotiated between the parties. “ The membership contract is one for which the general conditions, withdrawn from negotiation, are determined in advance by one of the parties.
“Art. 1111. -The framework contract is an agreement by which the parties agree on the general characteristics of their future contractual relations. Application contracts specify the terms of execution.
“Art. 1111-1.- The instant execution contract is one whose obligations can be performed in a single service.
“The successive performance contract is one in which the obligations of at least one party are performed in several services staggered over time.
Types of contract in Quebec civil law
article 1378 of the Civil Code of Quebec :
It can be by adhesion or by mutual agreement , synallagmatic or unilateral, against payment or free, commutative or random and with instantaneous or successive execution; it can also be consumer.
article 1384 of the Civil Code of Quebec. The consumer contract is the contract whose scope is delimited by laws relating to consumer protection, by which one of the parties, being a natural person, the consumer, acquires, leases, borrows or obtains any other way, for personal, family or household purposes, goods or services from the other party, which offers such goods or services in the context of a business that it operates.
|Contract and work
As regards the employment relationship, this first came under the law of the hiring of services. The development of the labor code and social protection rules have limited the role of the will, but the recent development of case law using the contractual basis restores the influence of contractual rules.
The new code of dedicated work the importance of individual employment contracts and collective agreements and collective agreements from trading.
The named contracts of the civil code constitute with in particular the sale, the mandate , the loan, the basis of the contract law
In addition, the practice has developed numerous contracts, such as franchising , which are of interest to individuals as consumers .
Bulls are bound by horns and men by words
CONTRACT AND RESPONSIBILITY
Non-performance or poor performance of contractual obligations gives rise to contractual liability.
Fault in extracontractual situations gives rise to tort liability .