INTRODUCTION

As Professor Philippe Malinvaud rightly pointed out,

The obligation is a basic tool of every economic relationship, of every
heritage modification and economic life, viewed from a legal perspective, is
a huge puzzle of obligations." Hence, as economic relations
which are formed and dissolved, the obligations that are their legal supports
will follow the same movements. Thus, the study of obligations will lead us to
look for how they originate, are implemented, and extinguish.
But beforehand, it is important to better understand the content of the law of obligations.
(section 2), after defining the very notion of obligation (section 1).
SECTION 1: THE NOTION OF OBLIGATION
The word obligation has multiple meanings:
In everyday language, we say that a person is obligated to do such or
that thing. This means that this person is required to comply with a
any prescription. Ex: Each person is obliged to pay their
taxes.
In business practice, the word obligation takes on another meaning. Ex: a
the banker will offer you to subscribe to a bond; in reality, this covers
a loan. The bank's borrowings will be documented by written acts called
obligations. Here, the obligation is different from the previous meaning.

But the word obligation also has a third meaning; it designates a bond of
existing right between two (2) persons, under which one, the creditor, is in
the right to claim something from the other, the debtor. This 3andthe meaning of the word is that
used when talking about obligations and the theory of obligations.
This summary approach deserves to be deepened by an analysis of
the obligation.

Paragraph 1: The analysis of the obligation

It is enough to take up the definition of the obligation that was given earlier to
to know that this notion has 3 characteristics:
it is a legal link;
it is a legal link of a financial nature;
it is a legal relationship between at least two (2) people;
The OBLIGATION IS A LEGAL LINK
For the obligation to be a legal bond, it must be or be able to be
sanctioned. It results that the obligation consists of two (2) elements: the
this, the constraint that is to say what allows the creditor in case of non-performance
by the debtor to resort to forced execution.
To fully understand all this, it is important to highlight the fact that it
There are debts without constraints, just as there are constraints without
debts.
THIS WITHOUT CONSTRAINTS
This is a natural obligation. It is an obligation but one that is not attached
that of a voluntary execution. Specifically, there are two (2) categories
of natural obligations. The first consists of natural obligations
that succeeded civil obligations; the second category of obligations
natural is constituted by obligations independent of all obligations
civilians. For example: In family law, each parent is bound by an obligation.
food support towards his children if they are legitimate or recognized children:
The obligation of support is a civil obligation. The child can take legal action.
to assert his rights. But if the child is born of adultery and not recognized, there is no
no rights between the child and the parent. The parent has the obligation to provide for
food to the child under a moral obligation. But if the parent does not
does not perform, the child cannot demand payment of alimony.

CONSTRAINTS WITHOUT DEBTS

This is the case when individuals can be sued for payment of
something while they are not debtors in a personal way.
In the suretyship contract, the surety may be pursued for
pay the creditor if the main debtor does not fulfill the obligation owed to them
income.
THE OBLIGATION IS A LEGAL BOND OF NATURE
financial
This means that the obligation can be assessed in money. Any obligation can
be brought back to a monetary value. Insofar as an obligation can be
valued in money, it is a property right. This means that it is a
element of the person's heritage, which can be transmitted along with the rest of the
heritage at the death of the deceased (the one whose succession is settled)

THE OBLIGATION IS A RIGHT BETWEEN TWO (2) PERSONS

AT LEAST
Being a legal link between at least two people, it is said of the obligation
that it is a personal right. This right opposes the real right. This opposition
is fundamental and constitutes the summa divisio (fundamental division) of law
patrimonial.
Real right is the legal power recognized to a person and that concerns
directly on a thing. The characteristic example of real rights is the right
of property.
On the contrary, the personal right, also known as the right of claim, is
the legal power that a person has to demand from another person to give,
to do or not to do something.
Paragraph 2: Types of obligation
There are a variety of categories of obligations, which is why it is necessary to make
a classification either based on the object of the obligation or based on its source.
A/CLASSIFICATIONS BASED ON THE OBJECT
They can be made based on the civil code or doctrine.

According to the civil code, three (3) objects can be distinguished: to give, to do, not to do.
to do.
According to the doctrine, a first classification can be made by opposing the
obligations of means to obligations of result
Doctrine: writings of various authors of law
The obligation of result is one that aims for a specific, definitive outcome.
In a transport contract, the carrier is obligated to move a
person or thing from one point to another.
On the contrary, the obligation of means is one in which the debtor is not
you have nothing more than to put at the service of the creditor the means that it
to dispose, to be careful and diligent, to do one’s best. For example: the doctor,
In the medical contract, one must put their knowledge and skills at your service.
devices; it does not promise to heal you.
The second doctrinal classification consists of opposing obligations.
monetary to obligations in kind.
The monetary obligation is that which aims at the transfer of ownership of a
certain amount of money: it is therefore a variety of the obligation to give.
The obligation in kind, on the contrary, is one whose object is to provide to the
creditor the satisfaction even that he expects and which is something other than a sum
of silver.
The importance of the distinction is significant during times of inflation; while the
monetary obligations are sensitive to currency fluctuations, the obligations
in nature are not.
B/ THE CLASSIFICATION OF OBLIGATIONS ACCORDING TO THEIR
SOURCES
The source of the obligation is the circumstance that gives it birth, and these
circumstances can be various. *One can be engaged by a signature that
by a brake
A first classification was made by the civil code. It consists of
the opposition between conventional obligations, which correspond
essentially to contracts, and the commitments that are formed without
conventions, which are formed by the four (4) sources which are: the quasi-
contract (e.g., management of business), tort in the sense of civil law, quasi-tort
(traffic accident due to flooding) and the law.
In lieu of the classification of the civil code, the doctrine (the authors) have
propose another one.
Some authors distinguish between voluntary obligations and non-voluntary obligations.
volunteers. Others contrast legal acts with legal facts.
The legal act is a manifestation of will intended to produce effects.
of law. It includes the contract but also the unilateral act and the legal act
collective. *Here we intend to evoke legal effects*
On the contrary, a legal fact is a material event from which effects arise.
by law. It will include civil offenses and quasi-offenses, quasi-contracts and
possibly the law.

SECTION 2 : THE LAW OF OBLIGATIONS

It can be defined through its fundamental characteristics and its sources.
Paragraph 1: The fundamental characteristics of the law of obligations
The law of obligations has three (3) characteristics:
it is an important right. The practical importance of the matter is evident because the
The theory of obligations forms the basis of legal life.
It is a theoretical right. The theoretical importance of this discipline is proven.
for matter has always attracted the attention of doctrine.
It is a social right. In the sense that the law of obligations reflects a
civilization.
Regarding French law, the same applies to Ivorian law.
it has been demonstrated that matter is influenced by both the moral factor, the
economic factor and the political factor.
Paragraph 2: The sources of the law of obligations
There are three (3) of them:
The law
The main legal source of contract law is the French Civil Code.
in its state in force on August 7, 1960, that is to say at independence
but this civil code is supplemented by special laws.

B/The case law

Jurisprudence is, on one hand, the set of decisions rendered by the
jurisdictions but it is also and above all the solution given by an authority
generally the highest jurisdiction to a question of law/difficulty
legal.
The case law prior to 1960 is still a reference source in Côte.
Ivory Coast. This case law is very important in matters of contract, of
contractual liability but also civil liability
C/The doctrine
To date, the only Ivorian works on the law of obligations are: that of
Professor Coulibaly C. Jérôme and that of Dr. Serge Bony.
SINGLE PART: Legal Acts
Legal acts are voluntary acts carried out with the aim of producing
effects of law.
Three (3) categories of legal acts are distinguished.
the contract *bilateral legal act*
the unilateral legal act. Ex: the will *manifestation of a single will
the collective legal act. Ex: the deliberation of the assembly or grouping;
the collective labor agreement

CHAP1: THE NOTION OF CONTRACT

Definition of the contract
Article 1101 of the Civil Code defines the contract as an agreement by
in which one or more persons are obliged to one or more others to
to give, to do or not to do something. But this definition is criticized.
by the modern doctrine which prefers to substitute the following definition: the
a contract is an agreement between at least two (2) people, with the aim of either creating a
report of obligation, either to modify it or to extinguish an existing report.
This definition is the one currently established by article 1101 of the civil code.
French under the reform of contract law, the general regime and the
proof of obligations, company by order no. 2016-131 of February 10
2016. Indeed, under the terms of this text "the contract is an agreement of intent between
two or more persons intended to create, modify, transmit or extinguish
of obligations.

SECTION 2: Classification of contracts

It is possible to carry out a classification according to economic criteria.
(paragraph1), but also according to legal criteria (paragraph2).
The economic classification of contracts
The contract is the most important instrument of economic relations. One en
can make classifications taking into account the targeted economic function.
Thus, four (4) categories of contracts can be identified.
The first category is the most important because it contains four
(4) types of contracts, by far the most common:
_le 1ertype is constituted by the exchange contract, that is to say 'I give you...'
give so that you give me
_the 2andtype is represented by the contract that aims to achieve something, a
performance, provided that the means are given. In this type, the
The subject of the exchange concerns a service. This is notably the case of
employment contract;
_the 3andtype is represented by the contracts in which 'I do so that you
This is the case, for example, of the transaction, a contract by which
One gives up such an advantage in exchange for the renunciation of the other.
part of such an advantage or such another thing
the 4andtype relates to contracts in which one commits to give
without consideration, are thus targeted donations, liberalities.
The second category concerns contracts by which one commits to
to perform a service but without any compensation. This is particularly
the example of the mandate
The third category relates to cooperation contracts or
of the association. This concerns all association contracts such as the contracts
of the company or of all contracts that can be concluded between the
companies
The fourth category refers to contracts aimed at providing security.
material. This category is that of the insurance contract
Paragraph 2: The legal classification of contracts
We can thus distinguish primarily classifications based on the
type of contract, secondly those based on the mode of formation and
in third and last place, those based on their content.
A/ CLASSIFICATIONS BASED ON THE TYPE OF CONTRACT
Two distinctions must be noted: the first is that of contracts.
named and unnamed contracts; the second opposes the contracts
main to ancillary contracts
1-Named contracts and unnamed contracts
Named contracts are the contracts for which there is a
specific regulation, either in the civil code or possibly in
the subsequent laws.
the most common contracts are sale and lease
On the contrary, all contracts that are imagined are unnamed.
the parties outside the frameworks provided by the texts.
A inter-company cooperation contract is a nameless contract

2-Main contracts and ancillary contracts

The main contracts are those that have their own existence,
independent. Such are the examples of sales contracts and contracts of
bail
Accessory contracts necessarily imply another contract to which
they are linked. For example: the surety contract is an ancillary contract
in the loan agreement

B/THE CLASSIFICATIONS BASED ON THE MODE OF

FORMATION OF CONTRACTS
They are numerous but can be classified into two (2) categories.
know the classical distinctions and the modern distinctions.
1-The classical distinctions
The first classic distinction is that of consensual contracts,
solemn contracts and real contracts
The consensual contract is one that is formed simply by the agreement of the parties.
parties. There are no specific rules to follow. This type of contract is
the most widespread. Ex: the furniture sales contract *or taking a taxi*.
Furniture: anything that can move on its own (e.g.: the
animals), which can be moved without causing damage. Who are
opposite to the building: that which cannot move and that which cannot be moved
**
the solemn contract is one for which the law requires that consent
given in accordance with certain formalities under penalty of nullity. These
formalities can be various. For example: the intervention of a magistrate who
acknowledge the contract or the drafting of an ordinary document, e.g.: the
The sale of a business is subject to a written document. **To sell
and to legally buy land, you must go before a notary
the real contract, for its formation, requires, in addition to the agreement
of the parties, the delivery of a thing to the debtor. E.g.: this is the case of the loan to
usage, which is not formed until the thing has been handed over to
the borrower
The second classic distinction is between purely contracts
economic and intuitu personae contracts, that is to say in
consideration of the person
in the first category of contracts (purely economic) for example
the sales contract, the quality of the parties matters little;
on the contrary in the second category, the consideration of the person
the debtor is fundamental. Ex: the case of the employment contract

2-Modern distinctions
They are of doctrinal origin.
the first distinction is that between contracts by mutual agreement and those
membership contracts
the traditional type of over-the-counter contract is the one in which
the agreement of the parties is the result of a discussion between the two
partners who are also free. For example: securities sales are
private contracts
increasingly, in our time contracts tend to become
membership contracts, which are contracts in which the clauses
emanating from a single party that offers the public a type of contract
uniform. This is a contract whose conclusion results not from a free
discussion but of the adhesion of the economically weaker part to
draft project written by the strong party. Ex: insurance contracts,
transport contracts.
The second distinction is between contracts between professionals and the
consumer contracts
 professional contracts are concluded between operators of the
same activity
Consumer contracts are those concluded between a
professional and a consumer
C/THE CLASSIFICATIONS BASED ON OBJECT AND CONTENT
OF THE CONTRACT

There are four (4) of them.

1-The distinction between synallagmatic contracts and contracts

unilateral
the synallagmatic contract is one that creates mutual obligations for the parties.
reciprocal and interdependent obligations. For example, in the sales contract,
the obligation to pay the price and the obligation to deliver the thing are reciprocal and
interdependent
On the contrary, the unilateral contract is one that creates obligations only for
the burden of a party. For example: donations

2-The distinction between gratuitous contracts and onerous contracts

the gratuitous contract is one in which one of the parties agrees to
to provide the other party with a benefit without consideration.

On the contrary, *cocochose* the onerous contract is one in which each

the parties performed their service in exchange for a compensation.

3 - The distinction between commutative contracts and aleatory contracts

the commutative contract is one in which the services imposed on the

the parties are certain and determined from the conclusion of the contract. Example: the sale
of a car
On the other hand, the contract is said to be aleatory if the performance of one of the parties
depends on an event called randomness.
the insurance contract

4-The distinction between contracts with successive execution and contracts with
instant execution
A contract is said to be of instantaneous execution when the performances due
the parties are likely to be fulfilled immediately and in one go
performance. For example: the sales contract, even if the price is set monthly.
The contract is said to be of successive execution when the fulfillment of
services are spread over time.
the employment contract, the lease agreement
Note: All these classifications combine with each other. For example, the contract
The sale is a named contract, bilateral, for a consideration, to be executed.
instantaneous, and depending on the cases it may be a bilateral contract.

CHAPTER 2: THE CONDITIONS FOR CONTRACT FORMATION

There are four (4) according to article 1108 of the civil code. They are: the
consent of the parties, the capacity of the contractors, an object for them
commitment and a cause for their commitment. But under these 4 conditions
expressly imposed by article 1108 of the civil code, it is necessary to add those of
the article of the civil code stating that a contract is only valid if a contract is
valid only if it is not contrary to public order and good morals.
SECTION 1: The consent of the parties
Consent is by far the most important condition for existence.
contract. It firstly denotes the expression of will of each of the parties,
the acquiescence they give to the conditions of the proposed contract. It refers to
also the agreement, the concurrence of two (2) wills, that of the debtor who obligates himself,
the one of the creditor to whom he is obligated. The conditions relating to
there are two (2) consents. It is necessary to ensure not only that
the existence of consent but it is also necessary to ensure its integrity.
The existence of consent
In any contract, the meeting of wills occurs through the encounter of an offer.
on the one hand, an acceptance on the other hand. One of the parties proposes the contract;
it concerns the offer also known as a proposal. The other party adheres to the
Proposition is acceptance.
On the offer or proposal
The offer is primarily a proposal to contract, but in the legal sense of
term, it is not just any proposal to contract. The offer is a
firm proposal to conclude a contract under specific conditions.
For there to be a contract offer, two (2) necessary conditions. On the one hand, the
the offeror's intention must be stated; on the other hand, this intention must be firm,
clear, complete and free from ambiguity.
The modes of externalization of the offer are in principle free. Thus, the offer
can it be express or implied.
The offer is express when it involves an action specifically carried out in
view of bringing the proposal to contract to the knowledge of others. This can
to be expressed by word during oral negotiations, by writing (a letter),
but it can also result from simple material attitudes. For example: for a
Merchant, the mere display of his goods is an offer.
On the contrary, we speak of tacit offer in the assumption where the attitude is not
specifically accomplished. In order to make known a desire to contract,
but this attitude presupposes a willingness to contract.
the tacit renewal in lease contracts.
When it is said that the offer must be complete and precise, it implies that
the acceptor can simply say yes for the contract to be formed. In
In other words, the offer must contain sufficiently detailed information about the
essential elements of the contract. For certain contracts, there are no difficulties
particular; we know exactly what the essential elements are. By
For example, in a sales contract, the essential elements are the item and the price.
On the other hand, in other contracts, the determination of essential elements is
complex. In case of a dispute, it is up to the judge to decide.
searching for the essential elements of the contract.
B/The effects of the supply

The main effect of the offer is obviously to form the contract when it
coincides with the acceptance of the recipient. If the offeror retracts
where there has been acceptance, there is non-performance of the contract with all that this implies
has consequences.
Regardless of this effect of supply, the problem is to know whether the supply has a
legal value that is its own. This means that one must question the
value of the offer, at the moment it is brought to the knowledge of the other
part, or at the moment when it is accepted or refused.

Cheick Anta Diop, the greatest scholar of the 20th century

1-On the revocation of the offer
The classical doctrine has always taught the principle of free revocability of
the offer, but this principle has been mitigated by case law which distinguishes two
(2) situations.
_1erasituation: the offeror has set a certain deadline. This deadline can be either express
it is implicit. Once this deadline has been stipulated, the jurisprudence is very
rigorous; it clearly asserts the obligation for the offering party to maintain the
proposal during the stipulated time. If the offeror does not maintain their proposal
during the period and if in the meantime the offer has been accepted before the expiration of
time limit, case law accepts that the contract has been formed.
Second situation: the offeror has stipulated no deadline, neither express nor implied. In
in this case, the case law is much more liberal: when the offer has been
addressed to a determined person, the courts sometimes impose what they
they call for a reasonable period that is generally very brief.

2-On the expiration of the offer

The question arises whether, aside from any revocation of the offer by its
author, it does not become ineffective by itself. In this hypothesis, one does not
talk more about revocation but decay. Two (2) cases are distinguished
expiry
the expiry through the passage of time. It does not raise any issues because a
The deadline has been stipulated. Upon expiration of the specified deadline, the offer becomes void.

On the contrary, when the offer is not accompanied by any deadline, it is accepted that it
may be accepted as long as it has not been withdrawn
the lapse due to death or the incapacity of the offeror. The case law establishes
in principle, the offer becomes void upon the death of the offeror. The heirs do not
are therefore not obliged to maintain the offer made by the deceased. The solution is
Logic if no deadline has been set by the author of the offer. It is more difficult to
admit in the contrary case.
In the event that the offeror becomes incapacitated, the offer
would become obsolete.

C/the acceptance
For there to be consent, there must be, in addition to the offer, a second.
expression of will, that is to say acceptance. It is as important as
the offer because without it, there is no contract.
Any response requesting a change to the established conditions
by the promisor is analyzed not as an acceptance but as a counter-
proposal, that is to say a new offer.
1-The forms of acceptance
Acceptance can be express or implied.
It is expressed when it is stated verbally or in writing; but it
may also result from an act or gesture that was performed only to
to express the willingness to accept. For example: to open the door of a taxi to get in.
Riding is the acceptance of the transportation contract offered by the taxi driver.
Tacit acceptance assumes an act from which one can reasonably deduce the
will to contract. For example: the fact of executing a contract is an acceptance.
tacit
But in terms of acceptance, a specific problem arises: it is that of
to know if the silence of one of its parties can be considered as acceptance?
Can the silence of a party constitute acceptance?
By silence, it must be understood that the recipient of the offer said or wrote nothing,
but also that he displayed a passive attitude.
To address the question posed, one must refer to a principle and to
exceptions.
The principle is that silence does not imply acceptance because the
silence is ambiguous
But this principle has exceptions that are for some
of legal origin, for others jurisprudential
Under the legal exceptions, it should be noted that there are texts indicating
that silence constitutes acceptance in contracts with successive performance.

In matters of lease, article 1738 of the civil code provides for the case of a
tenant (landlord) who remains on the premises after the contract expires. We
in such a case, consider that the landlord's silence amounts to tacit acceptance.
the tenant's offer to stay on the premises.
Under the title of case law exceptions, three (3) cases have been identified.
for which silence counts as acceptance.
_the 1erThis is that of the previous business relationships between the parties. E.g.: a
A merchant usually orders his goods from a supplier.
He sends an order to his supplier who does not acknowledge receipt of it.
Silence from the supplier is considered acceptance of the order.
_the 2ethis is the case where silence is deemed acceptance according to custom. In this case,
jurisprudence no longer only takes into account the habits of the parties, but
also consider the general habits of the relevant sectors.
It should be specified on this point that the rules have much more influence on the clauses.
accessories of the contract only on the main clauses.
_the 3andthis
is the case where the case law decides that silence means acceptance,
when the offer was made solely in the interest of the recipient. But this
Jurisprudence is not unanimous.
Paragraph 2: The integrity of consent
The requirement for the integrity of consent means that it is not legally
effective only as it presents certain aspects in both parties
qualities. This is the reason why article 1109 of the civil code states that it
there is no consent if it was given by mistake, extorted by
violence or surprised by deceit; this is what is called the theory of defects of
consent.

The error
One can define error as a false representation of reality. This
it consists of believing what is false and vice versa, but it is important to note
that not all mistakes invalidate consent. Only mistakes
sufficiently serious lead to the cancellation of the contract. We are thus led to
distinguish the errors that invalidate the contract from those that actually affect it
validity.
1-Errors invalidating the contract
There are two (2) kinds distinguished:

The obstacle error

It results from a radical misunderstanding. As a result of a misunderstanding, it happens that under
the formally stated declarations appearing to be consistent, the real intentions do not
have not been met. The agreement was not made because the parties have not
did not want the same thing. *Error that prevents the very formation of
contract
In general, it is considered that there are three (3) cases of obstacle errors:
The error regarding the nature of the contract. For example: one of the parties in the contract believed to receive
a gift, the other party believed to have consented to a sale;

The error regarding the identity of the thing that is the subject of the contract. For example, one of...
one party wanted to sell the plot of land A, the other party believed they were buying it.
plot of land B.
The error about the cause of the contract, that is to say about the determining reason that has
brought the parties to contract. For example, you insure your apartment.
against the fire because the building is not covered by such insurance;
So it turns out that the said building is already covered by insurance against
fire. In such a case, the judge admitted that there was an error regarding the cause of the
contract. This judicial solution is controversial.
The simple error of consent defect
There are two (2) types: error regarding the substance and error regarding the person.

The notion of substance calls for two (2) interpretations. There is in

firstly the interpretation that is referred to as objective and secondly
the one that is qualified as subjective.

In objective design, substance refers to the material of which the thing is made.
done. Ex: You believe you are buying a gold piece of jewelry, when in fact it is a piece of jewelry in
golden metal.
On the contrary, in subjective design, the material of the thing matters little;
it is rather the quality of the thing that the part wanted that matters. For example: I buy
a Sénoufo mask thinking that it is authentic. However, it turns out that it is
a mere copy. In this case, the matter that is the subject of the thing is not
at stake; what is at stake is the quality, the authentic and ancient character
of the mask.
In light of these two (2) possible interpretations, case law states that it is
the subjective interpretation that prevails.
The error about the person
It first consists of being mistaken about the physical or civil identity of the
person (his name, his nationality, age, marital status...). But one
also speaks of error on the person when one is mistaken about the qualities
essentials of the person (their honorability and their experience).
2-Indifferent errors to the validity of the contract
We distinguish two (2): the error of value and the error of motives.
The error on the value
Mistake as to value refers to the erroneous assessment of the subject of the contract. By
Following an erroneous economic assessment, the seller sold too well.
market where the buyer paid too much. The principle is simple: the error on the
value is not a cause for nullity of contract, because it is similar to this
what is called a lesion, this is not the cause except in exceptional cases.
of contract cancellation.
The error on the patterns
In principle, error regarding the motives is not a cause for annulment of the contract.
but there are temperaments. It can be a cause of nullity of the contract if
it is confused with the error regarding the substance. The error regarding the motives can be
exceptionally admitted, even if it does not coincide with the substance,
in the event that the reason was decisive for the consent of the concerned party.
In the other cases where the parties have agreed to make it a condition of the
consent, the error on the grounds is admitted.
3-The conditions for cancellation due to error
In order to train the cancellation of the contract, the error must be excusable, that is to say
that is to say it should not proceed from excessive negligence. Therefore, the
The contract is upheld when the error results from gross negligence.
*in cases of vigilance the mistake is excusable or in cases of excessive
negligence the error is inexcusable*
The excusable or non-excusable nature of the error is assessed in concreto, that is to say.
based on the personal skills of the interested party.
The burden of proof of the error lies with the party who claims that their
consent was vitiated. This part must first establish that their consent
was determined by a belief(1). It must then establish that its co
the contractor knew or should have known this belief and its nature
determining at the time of the conclusion of the contract(2). The victim must establish
that his belief was contrary to reality.
4-The effects of the error
There are two (2)
The main effect of the error is to lead to the nullity of the contract, a nullity
relative who can only be invoked by the victim of the error. *no one
can evoke the error otherwise the victim*
The nullity is in principle total, meaning that the entire contract is annulled.
eventually, the error can lead to a second effect which is the attribution to
the victim of damages, if it is established that the co-contractor has
made a mistake.
B/She is sweet
For there to be fraud, two (2) elements are necessary. There must be a...
first place a material element consisting of actions constitutive of
deceptions. Then, there is a psychological element which is the intention of
to deceive.
1-The conditions for cancellation due to fraud
The first condition is that the fraud must have been decisive, that is to say that
the maneuvers and the lies must be such that they never existed,
the victim would not have contracted.
The second condition is that the fraud must come from the other contracting party; which
means conversely that the harm emanating from a third party is not a cause
of the contract cancellation.

But case law allows two (2) temperaments: this is what this rule does not
don't play for unilateral contracts.
Then, case law agrees to declare the cancellation of the contract, if the co
the contractor was an accomplice to the fraud committed by a third party.

Naturally, the burden of proof of fraud lies with the party invoking it.
(Article 1315 of the Civil Code)
2-The sanctions of deceit
The normal penalty for fraud is the nullity of the contract. It is a nullity.
relative. There is also an ancillary sanction consisting of the allocation of
damages and interests. It is also worth specifying that the victim can
seeking damages.
Furthermore, in the event of fraud caused by a third party or incidental fraud, the attribution of
damages are the only penalty that can be considered.

C/The violence
It is a constraint against a person to lead them to contract against their will.
grey. There are two types of violence: physical violence and violence
morale.
Moral violence is more frequent than physical violence, which is exercised by
threats. Unlike what happens with fraud, it is indifferent that the
violence emanates from the contracting party or a third party.
It should also be noted that recent case law sometimes equates the state of
necessity to violence. This has been judged in matters of maritime assistance.
This solution was confirmed by a law dated April 19, 1916.
The characteristics of violence
To be regarded as a vice of consent, violence must be
first place, to be decisive, secondly, illegitimate.
The violence that presents a certain severity is decisive. This severity
is appreciated in concrete terms, that is to say with regard to the victim.

The reverential fear towards ancestors (father, mother) is not illegitimate

tutor) and the threats of exercising a legal remedy. But for the threat to be effective,
To exercise a right as legitimate, it should be that nothing can be reproached to
the author of the threat. This implies that the author of the threat must claim
exercise regular legal actions without vexatious character. Furthermore, it must
threaten to pursue a legal remedy that has a direct connection to the contract that it
looking to conclude.
2-The evidence and sanctions of violence
Naturally, the burden of proof, the meeting of the required conditions
for there to be violence, the burden lies with the victim. This evidence can be provided by
any means. Violence may result in two (2) penalties:
as a vice of consent, it first results in the nullity of
contract. But in terms of violence, it should be noted that there is a special text,
Article 1115 of the Civil Code which provides for the possibility of confirmation: 'a
the contract can no longer be challenged due to violence, if since the
violence has ceased, this contract has been approved either expressly or tacitly,
or by allowing the time for restitution set by the laws to pass.
As an offense, violence can motivate just as much as intent, a
damages awarded.

SECTION 2: The capacity to contract