LexInter | October 11, 2007 | 0 Comments


The classic analysis of the effects of the contract is still deeply marked by a conception of the contract which reflects the nature of the contractual processes in which the drafters of the Civil Code were situated.

The contract is still considered as a link between two parties whose will has met freely on a well-defined contractual content, and which is fully and faithfully transcribed in a document signed by the parties which reflects a free and enlightened will.

There is a clear divide between parties on the one hand and third parties on the other. The contract is the law between the parties and has no effect with regard to third parties. The stipulation for others extends these effects somewhat.

The contract has evolved profoundly with a contractual circle which widens and whose limits are diffused, a will which is limited and a contractual content which becomes more and more imprecise and questionable.

Multi-party contracts have developed. Contractual relations with several parties have also multiplied, with groups of contracts, chains of contracts and bundles of contracts. Contractual sets are formed forming economically integrated sets to varying degrees.

The will in most of the contracts of everyday life of consumers but also of companies is limited, in fact reduced to the desire to obtain a service while the allegedly contractual documents are multiplying without the consent of the co-contracting party being considered as free while those who clarify and determine its consent are often on the contrary qualified as non-contractual.

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