Article | REF: C70 V5

Works contracts

Author: Bernard-Michel BLOCH

Publication date: November 10, 2021 | Lire en français

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    Overview

    ABSTRACT

    The study of works contracts entails clearly distinguishing between private markets on the one hand, and public contracts on the other. The rules and practices governing the procurement and execution of works contracts outside the French borders must be understood. In this regard, the European Union developed a "legislative package" which applies to all Member States of the Union.

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    AUTHOR

    • Bernard-Michel BLOCH: Post-graduate diploma (DESS) in Construction and Urban Planning Law - Former member of the Paris and Hauts-de-Seine bars

     INTRODUCTION

    When studying the law governing works contracts, it is important to distinguish between public and private contracts, since different principles underlie the rules applicable to both. Keeping these principles in mind will help you better understand how they are applied in the general contractual documents offered to public and private purchasers, as well as to the contract holders responsible for executing the corresponding works.

    However, a major reform of contract law was carried out by an ordinance of February 10, 2016, ratified by a law of April 20, 2018; this reform, which modernizes several chapters of the Civil Code, has led to a rapprochement of the concepts governing the performance of private and public contracts.

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    KEYWORDS

    environmental policy   |   market   |   markets of works   |   Regulations


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