Description

The scale of the reform which will come into force on October 1, 2016 is considerable. This training aims to master the impacts of the 2016 reform of contract law to adapt your practices in terms of negotiation, drafting contracts and anticipating risks during their execution.

Who is this training for ?

For whom ?

Contract negotiators and drafters, buyers, legal directors and their colleagues, lawyers, jurists.

Prerequisites

Training objectives

Adjust your trading strategy to the new rules Adapt your editorial practice in contractual matters Securing your business contracts with regard to the reform Anticipate disputes related to price and termination of contracts

Training program

• Understand the latest developments relating to negotiation
  • The objectives, the scope of the reform.
  • The entry into force and application over time of the reform.
  • The related obligations to negotiation: notions of contractual freedom, good faith and obligation of information.
  • The addition of the definition of the unilateral promise and the pact of preference.
  • The regime of the breakdown of talks.
  • Collective reflection Exchanges with participants on the objectives of the 2016 reform of contract law.
  • Example of impacts of the reform during the pre-contractual period.
• Measuring the impact of the reform on the conclusion of the contract
  • The conditions of representation of the parties: natural and legal persons.
  • The conditions of formation of the contract: consent, substantive and formal conditions.
  • The notion of economic violence in the context of defects of consent.
  • The notion of lawful and certain content.
  • Exchanges Exchanges relating to the conditions of validity of contracts.
• Master the content of the contract and its conditions of execution
  • The prohibition of clauses creating a significant imbalance.
  • The possibility of unilaterally setting the price: cases, limits, role of the judge.
  • The consecration of the theory unforeseen circumstances.
  • The conditions and proof of payment, payment deadlines, formal notice.
  • Price reduction in the event of imperfect execution.
  • Practical work Practical case relating to the drafting of contractual clauses.
• Managing the end of contracts following the reform
  • The new sanctions that can be used by creditors in the event of default by their co-contractors.
  • Transmission of the obligation: assignment of debt, assignment of debt, assignment of contract.
  • Adjustments in terms of future clauses: renewal, extension, tacit renewal.
  • Case study Case study relating to the management of the end of contracts.