International Encyclopaedia of Laws

INTERNATIONAL ENCYCLOPAEDIA FOR CONTRACTS

Edited by Prof. Dr. Jacques Herbots

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OUTLINES

Model monograph Belgium

Table of contents
List of abbreviations
Preface

General Introduction

       § 1. The general background of the country

       § 2. To what legal family (e.g. Common Law, French legal family, Islamic law, etc.) does your law belong?

       § 3. ls primacy of legislation a characteristic of your system?

       § 4. The position of the judiciary

       § 5. Distinction between public law and private law ('administrative contracts ')

       § 6. Distinction between civil law and commercial law ('commercial contracts ')

Introduction to the Law of Contracts

       § 1. Definition of contract

       § 2. Historical background of the law of contracts

       § 3. Classification of contracts

       § 4. Contract and torts

       § 5. Contract and quasi-contract

       § 6. Contract and the law of property

       § 7. Contract and trust

       § 8. Good faith and fair dealing

       § 9. Style of drafting

       § 10. Sources of the law of contracts

Selected Bibliography

Part I. General Principles of the Law of Contract

Chapter 1. Formation

       § 1. Agreement and quid pro quo (reciprocity)

              I. Offer and acceptance

              II. Intention to create legal relations

              III. Consideration

                     A. Does this requirement exist in your legal system?

                   B. Gratuitous promises

                   C. 'Natural obligations' (do they exist in your legal system?)

              IV. Modifications of the contract

       § 2. Formal and Evidential Requirements

             I. Formal requirements

                   A. Contracts under seal (do they exist in your legal system?)

                   B. 'Solemn' contracts (do they exist in your legal system?)

             II. Evidential requirement - Proof

                   A. The parol evidence rule

                   B. Function of the notary (does the "notaire" exist in your legal system?
                   If not, which legal profession assumes this role?)

             III. Burden of proof

                   A. Is there a distinction made between 'obligation of means' and 'obligation of result'?

       § 3. Liability and Negotiations

             I. Precontractual liability

             II. Breakdown of negotiations

Chapter 2. Conditions of Substantive Validity

       § 1.Capacity of the parties

       § 2. Defects of consent

             I. Mistake (distinction from value; distinction from motive)

             II. Misrepresentation

             III. Improper pressure

             IV. Gross disparity

       § 3. Other conditions of validity

             I. Existing and licit cause

             II. Determined or determinable, possible and licit object (if this concept exists in your legal system)

             III. Initial impossibility

             IV. Illegality and public policy

             V. Unenforceable contracts

       § 4. The consequences of a defect of consent or a lack of substantive validity

             I. Avoidance of the contract. Nullity

             II. Retroactive effect of avoidance or nullity

             III. Damages

Chapter 3. The Contents of a Contract

       § 1. The different clauses

             I. Ascertaining of express terms

             II. Implied terms

             III. Standard terms and exemption clauses

             IV. Penalty clauses

             V. Arbitration clauses

       § 2. Interpretation

       § 3. Conditional contracts

Chapter 4. Privity of Contract

       § 1. The rule of privity of contract

             I. Third parties and the contract

             II. Contract for the benefit of a third party

       § 2. Transfer of contractual rights

       § 3. The special case of a 'sub-contract', e.g. the (nominated) subcontractor in building contracts

       § 4. Actio pauliana (if this remedy exists in your legal system)

Chapter 5. The Termination of the Contract

       § 1. Performance and breach

       § 2. Impossibility, frustration and hardship: 'the unforeseen'

       § 3. Discharge by agreement

Chapter 6. Remedies

       § 1. General provisions

       § 2. Specific performance and injunctions Astreinte

       § 3. Termination

       § 4. Exceptio non adimpleti contractus (the defence of non- performance by the other party)

       § 5. Faulty behaviour of the debtor

       § 6. Limitation of actions

       § 7. Damages and exemption clauses

       § 8. Restitution

Part II. Specific Contracts

Chapter 1. Agency

Chapter 2. Bailment

Chapter 3. Gaming and wagering

Chapter 4. Sale of goods

Chapter 5. Building contracts, hire of work & skills

Chapter 6. Lease, commercial and agricultural leases

Chapter 7. Compromise settlement

Chapter 8. Suretyship

Chapter 9. Pledge

Chapter 10. Loans

Chapter 11. Contracts with the government and other public administrations

Chapter 12. Contract of partnership

Chapter 13.Quasi-contracts:

       § 1. Negotiorum gestio

       § 2. Enrichment without cause (cause: justification for an enrichment)

       § 3. Money paid but not due

Index