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5. Resolution or termination of the project
5.1 Definition
Rescission, or in common parlance "cancellation of contract for non-performance of conditions", is the most intransigent sanction, as it puts an immediate end to the contract.
There are two concepts: the French Civil Code, reformed by the ordinance of February 10, 2005, refers to the "resolution" of the contract, whereas standard NF P03–0001 refers to the notion of "termination".
According to tradition, the distinction is as follows:
resolution of the contract has retroactive effect, which means that the contract is deemed never to have existed, and the parties must be returned to the situation they were in prior to the contract. In this case, all sums paid must be returned;
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Resolution or termination of the project
Disputes
Bibliography
- (1) - SERIN (P.) et al - Guide pratique du chantier, - ETI, http://publications. eti-construction.fr/publications/chantiers-ti409/
- (2) - SERIN (P.)...
Websites
National Building Federation
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Légifrance
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Standard
- Private markets – Sample notebooks – Cahier des clauses administratives générales applicable aux travaux de bâtiment faisant l'objet de marchés privés (classification index: P03-001) - NF P03-001 - Octobre 2017
Regulations
Law no. 71–584 of July 16, 1971
Law no. 2015–990 of August 6, 2015
Law no. 2008–576 of August 4, 2008
Law no. 2014–344 of March 17, 2014
Commercial code
Articles L. 410-2 and L. 441–6
Civil Code
Articles 1184, 1220 to 1230, 1142, 1710, 1792, 1799-1, 2044...
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