Beware of the consent of the parties in a subcontracting contract
Controlling subcontracting in private-sector markets

A contract is based on the meeting of wills and the exchange of consents. This is not the case when the consent of one of the contracting parties has been coerced.

Code civil (article 1130) sanctions three defects of consent in the following terms: "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 under substantially different conditions. Their decisive character is assessed with regard to the persons and circumstances in which the consent was given."

This means, in the case of subcontracting, that :

• The subcontractor's consent must be informed. You must inform...