Article | REF: AG1441 V1

International contracts - strategies and main clauses

Author: Anne DEYSINE

Publication date: April 10, 2012 | Lire en français

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    3. Main contract clauses

    Although all clauses in a contract are legal, such as the payment clause, some clauses appear "more legal" than others.

    Example

    The force majeure clause is essential, as it exonerates a party from liability if it can invoke an event (the characteristics of which must be clearly specified) that prevented it from fulfilling its obligations.

    Before going into detail on some of them, it is important to recall the French context and to insist on the principle of autonomy of will, on the binding force of contracts (pacta sunt servanda), and on the notion of the economy of the contract, which requires a certain balance between the parties, without running the risk of forcing one of them into non-performance.

    If the result of the negotiation is to impose unbalanced obligations...

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