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La technique des qualifications contractuelles

Abstract : The description of the technique of qualifying contracts necessitates the drawing up of an inventory of all the methods used to identify contracts. The first part synthesizes the criterions of qualification of elementary (in opposition to composite) contracts, whether they are named or unnamed. The concepts of objects and consideration of contract do not supply the unitary notion necessary for this research. A concept which synthesizes two structures of legal definition has been prefered. The internal structure, which has been studied under the first heading, consists of a collection of obligations connected to each other by causal bonds. The external structure, which has been studied secondly, places the contract in its concrete environment (object of the prestation), in its personnal environment (capacity of the parties) and in its legal context same agreement and in its legal context (insertion in agroup of contracts). The second part of the research describes the techniques of combining different obligations in a same agreement. It distinguishes between the different procedures of composite agreements and contributes to the discoevry of the principles of their rules. The first two headings concern the composite agreements which respect combined elements and the distinction between hierarchical integrations (accessory obligations) and egalitarian ones (composite contracts). On the contratry, the third heading concerns the techniques which distort the combined elements.
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Submitted on : Thursday, March 29, 2018 - 12:26:49 PM
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  • HAL Id : tel-01749767, version 1



Xavier Henry. La technique des qualifications contractuelles. Droit. Université Nancy 2, 1992. Français. ⟨NNT : 1992NAN20003⟩. ⟨tel-01749767⟩



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