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Le retard dans l'exécution du contrat

Abstract : Traditionally, the dogma of the autonomy of the will dominated and explained the general theory of the contract. The contract appears as a means given to the parties to exercise a certain influence on the future, to prevent the appearance of the unpredictable. In this context, the payment when due is an economic imperative with which one should not compromise. Any delay brought by one of the contractant parties from then on, engages automatically its contractual liability for the penalty of which, a multitude of possibilities is left with the discretion of the creditor, and specially the condemnation to suspended damages. This traditional vision is questioned under the influence of a new more humanist doctrinal tendency today, which recommends the softening of the rigour of the contractual link. So, confronted with the new requirements of the modern society, and helped by these new theses favourable to a softening of the rigour in the execution, the legislator helped the late debtors, by granted them a right for the delay being translated by terms of payment allowing them to face their commitments. It appears while the question of the delay in the execution of the contract oscillates between the rigour in the execution recommended by the modern doctrine. Indeed, on one hand, on the base of the system is the rigorous requirement of the old solutions, which naturally, are certainly considerably eased, but lived present in substantive law because from this point of view, the delay constitutes a neglect in the contractual obligations and is sanctioned as tel. But in what proportions does this principle live, and what is its force in the current system? It is the answer to these questions that is usual the first part of this work. On the other hand, in spite of maintains some execution rigorous as principle, the contemporary tendency recommends the softening of this rigour, and it finds a favourable echo at the legislator who organizes measures of favour towards the late debtor. These favours are translated in substantive law by the emergence of a right for the delay recognized by the debtor in trouble, whose question it is in the second part.
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Submitted on : Tuesday, April 24, 2018 - 4:08:37 PM
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  • HAL Id : tel-01776925, version 1



Romuald Onanga. Le retard dans l'exécution du contrat. Droit. Université Nancy 2, 2002. Français. ⟨NNT : 2002NAN20002⟩. ⟨tel-01776925⟩



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