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Showing 171–180 of 56993 articles for “Art. Cass. 3e civ. 11-1-2024 n° 22-16.974”
Error, fraud and violence vitiate consent when they are of such a nature that, without them, one of the parties would not have contracted or would have contracted on substantially different terms. The…
An error resulting from fraud is always excusable; it is a cause of nullity even if it relates to the value of the service or to a simple reason in the contract.
Violence also exists when a party, abusing the state of dependence in which his co-contractor finds himself towards him, obtains from him a commitment which he would not have entered into in the absen…
An error of law or of fact, unless inexcusable, is a ground for nullity of the contract where it relates to the essential qualities of the service due or to those of the other contracting party.
The essential qualities of the performance are those which have been expressly or tacitly agreed and in consideration of which the parties have contracted. Error is a cause of nullity whether it relat…
Violence is a ground for nullity whether it is perpetrated by a party or by a third party.
A mistake as to a mere motive, extraneous to the essential qualities of the performance due or of the co-contractor, is not a ground of nullity, unless the parties have expressly made it a decisive el…
An error as to value, whereby a contracting party, without being mistaken as to the essential qualities of the service, merely makes an inaccurate economic assessment of it, is not a ground for nullit…
Larceny is also constituted if it emanates from the contracting party's representative, business manager, servant or surety. It is also constituted when it emanates from a third party in collusion.
The time limit for an action for nullity shall run, in the case of error or fraud, only from the day on which they were discovered and, in the case of violence, only from the day on which it ceased.
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