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CONTRACTS(2) - Coggle Diagram
CONTRACTS(2)
Formation of a contracts
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Acceptance
the promise or act of a buyer who indicates his willingness to be bpund by the terms and conditions stipulated in a seller's offer
freedom of form
the contractual parties can freely choose the form to which they want to submit their contracts, apart from situations in which law provides specific written form of contracts
forma ad substantiam: a case in which the law provides a certain form for the contract to be valid, a contract that doesn't follow this form wont oroduce any effects
forma ad probationem: a fprm that provides proofs/evidences. If contracts violate this form, the contract is still valid but can not be proven before a judge in court
Avoidance
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vitiating factors
mistake: a contract is avoidable if it is material/essential, or if the other party knew about the mistake/could have known about it but he/she acts in good faith
fraud: intentional misrepresentation of a party that leads the other party into a mistake. Fraud is a case of the avoidance of the contract only if the party, if correctly informed, would have not concluded the contrcat
duress: use of threats, harm or phsychological pressure to force someone to behave in a way that is contrary to their whishes
(art 1141 french cc)
Preliminary contract
when contractual parties have reacher a certain level of seriousness, they could conclude a preliminary contract
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Invalidity of contracts
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Avoidance
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an avoidable contract produces its effects until the moment it is avoided by the judge; the restitutions takes place
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