Cambaline

In French law, Article 1101 of the Civil Code provides that “a contract is an agreement of wills between two or more persons, intended to create, modify, transmit or extinguish obligations”. There is therefore no mention of a written document, except in cases where the law requires it, such as for transactions over €1,500 (Article 1359 paragraph 1).

Thus, as long as its object is lawful and certain, a verbal contract is binding on the parties.

However, although a writing is not required, it constitutes proof of the agreement in the event of a dispute.

A latent defect is a defect in a thing that makes it unfit for its intended use. Three conditions must be met to qualify as a hidden defect: it must be hidden (not be apparent at the time of sale), it must render the item unfit for its intended use, and it must have existed at the time of purchase.  

 However, Article 1641 of the Civil Code provides for protection, placing an obligation on the seller to guarantee against hidden defects in the thing sold.  

An employment contract may be subject to change. Depending on the type of changes envisaged by the employer, the employee’s agreement will be required.  

A change in remuneration can only be made with the employee’s agreement, and the employee is free to refuse and has one month from receipt of the registered letter with acknowledgement of receipt to make his decision. Silence does not mean acceptance and an employee can always take action, if necessary, by bringing a case before the Conseil des Prud’hommes, even after the changes have been made.