3. Penalties

3.1 Distinction between civil and criminal penalties

A civil fault is constituted by an act that causes damage, whereas a criminal fault only exists if it is provided for by law, whatever its consequences.

A breach of contract may also constitute a criminal offence if it corresponds to an offence defined by law. A good example of this is the case of a tenant who uses premises to carry out a polluting industrial activity, even though he had undertaken to confine himself to a service activity. This may constitute a breach of contract, but it is also an offence of breach of trust under article 408 of the French Penal Code.

Criminal and contractual actions can be taken at the same time. The same breach of contract may therefore be subject...