LexInter | March 8, 2002 | 0 Comments


Section III: Object and matter of contracts
Article 1126
Any contract has as its object something that a party undertakes to give, or that a party undertakes to do or not to do. by thus applying the penalty clause, whereas it resulted from these findings that there was uncertainty about the objective methods of settlement of the rebates owed by the company Gxxx on the day of the exclusion of the companies in question, following the possibility for the company Gxxx to defer the restitution of the rebates and to leave the members in the ignorance of the existence of the confidential royalties which it had perceived on their behalf and, consequently, on the scope of the commitment subscribed by the companies of the Axxx Group relating to the loss, on the day of the withdrawal, of any right to unpaid rebates, resulting from article 12 of the bylaws, the court of appeal violated the aforementioned textCass. Com. February 22, 2000 . Judgment n ° 599. Appeal n ° 97-17.020.



Article 1127
The simple use or the simple possession of a thing can be, like the thing itself, the object of the contract.

Article 1128

Only things which are in commerce can be the object of agreements. marketing of counterfeit objects

Article 1129

The obligation must have as its object something at least determined as to its kind.
The amount of the thing can be uncertain, provided it can be determined.
Since the decisions of the Plenary Assembly of the Court of Cassation dated December 1, 1995, reversing the previous case law on the determination of the price, “Article 1129 not being applicable to the determination of the price, a court of appeal, which is not seized of a request for termination or compensation for abuse in the fixing of the price, legally justifies its decision by rejecting the exception of nullity of a contract for the rental of a telephone installation and the amendments made, based on the indeterminacy of the price of part of the stipulated services ” Ass. Plen. December 1, 1995 ; Bull. civ. n ° 9, D. 1996, 13 concl. Jeol, n. Anes. v.The notion of price in contemporary contract law, Racine, Jean-Baptiste, Revue internationale de droit économique, n ° 1; 01/01/1999, pp. 77-106

Whereas in order to hold the disputed stipulation as null and void, the judgment holds that its object is indeterminate and that the fixing of the amount due in the event of early repayment of the loan could only be done by virtue of objective elements not depending on the will of the bank;

Whereas by ruling thus, while the indeterminacy of the amount of compensation for early repayment of a loan does not in itself lead to nullity, the Court of Appeal violated the aforementioned text;

Com, July 17, 2001, Bull n ° 142, N ° 98-18-435





Article 1130

Future things can be the object of an obligation.
However, one cannot renounce an unopened succession, nor make any stipulation on such a succession, even with the consent of the one of the succession in question.
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