01/03/2024 | Contract law
Lexbase Affaires, mars 2024, n°787
Under Article 1165 of the Civil Code, in service contracts, failing agreement between the parties before performance, the price may be set by the creditor, who must give reasons for the amount if it is disputed. That provision applies neither to contracts in which the parties have set a price nor to those requiring them to agree on it before any performance. In the latter case, if services are performed despite the parties’ failure to agree on the price, the price is set by the court.