FR
POINT CARDINAL #25

\ January 2017


Reform of contract law - The formation of the contract (4/5)

Consecration of fraudulent reluctance, the intentional concealment by one of the contracting parties of information which he knows is decisive for the other party. According to this definition, the fraud can henceforth be retained even in the absence of a pre-contractual obligation of information, contrary to the jurisprudential trend so far, since it suffices to hide information that one knows is decisive for the other ,

Consecration of the taking into account of the fraud emanating from third parties acting for the contracting party: representative, business manager, agent or strongman of the contracting party and conniving third party,

other consecrations: the error caused by fraud is always excusable, and the error (…)