Impact of contracts signed between the parties
Judicial expertise: submission of report and follow-up
Article REF: TBA235 V1
Impact of contracts signed between the parties
Judicial expertise: submission of report and follow-up

Author : Bernard-Michel BLOCH

Publication date: December 10, 2013 | Lire en français

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3. Impact of contracts signed between the parties

There may be a risk that a legal expert's report will be useless, due to clauses in signed contracts, particularly works contracts. This pitfall may affect both the contractor and the client, whether the legal expertise is in progress or has been concluded by a report.

3.1 At the contractor's expense

  • Existence of liability transfer clauses in works contracts

    Since contracts are the law of the parties (according to article 1134 of the French Civil Code: "Legally-formed agreements take the place of the law for those who have made them"), clauses transferring liability may be included in relations between professionals, thereby aggravating the contractor's obligations, since he alone is responsible for repairing...

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