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Unit 9: Types of Contracts - Coggle Diagram
Unit 9: Types of Contracts
French legal system
Classification of Contracts
Effects: synallagmatique and unilateral
Synallagmatic
When the parties undertake reciprocal obligations in favour of each other
Unilateral
One or more persons undertake obligations in favour of one or more others ithout there being a reciprocal commitment from the latter
Formalities: consensual, solemn (formal), and real
Consensual
Established through the exchange of consents, regardless of the means of expression
Solemn
Involves the exchange of consents, and its validity or enforceability, particularly concerning third-party rights, are contingent upon adhering to specific legal requirements
Real
This contract comes into existence upon the delivery of a thig. If the thing is not delivered, the contract is not formed
Negotatiation: Bespoke and Standard form (importance: "abusive clause")
Bespoke
clauses are freely negotiated between the parties
Standard from contract
General conditions are excluded from the negotiations. They determined in advance by one of the parties
Abusive clause
It is included in a standard form contract
It is determined in advance by one of the partties
It creates a significant imbalance between the rights and obligations of the parties
Other classification: framework and application contracts
Used in certain relations, e.g., the relation between the supplier and the distributor
Parties: B2B, B2C, Public Procurement
B2B
Business to Business
B2C
Business to consumer
Public Procurement
the process by which governments and public entities purchase goods and services from private sector companies.
International and National Contracts (Ref.: ICC Incoterms)
Incoterms
Incorporated in contract for the sale of goods worldwide and concern the risks and the costs of transportation.
Comparative Law
Notorial Deed
A special type of written contract that is drafted or certified by a notary public
Common in civil law systems
Has greater legal force - often needed for important legal acts
Written Contracts
A contract that is written down and signed by the parties
Can be typed or handwritten
It's the most common form
Legally binding if it meets the requirements (offer, acceptance, intention, considaration etc. in common law)
No notary needed
Examples
Employment contracts
Sales agreements
Tenancy agreements