In a contract, legal sanctions are always possible

The Court of Cassation recalls in fact that "the common law of contracts", that is to say the law, in the civil code, remains applicable.

The buyer of a building under construction complained of delays and argued that the developer was responsible. He was asking him for compensation after having, for his part, suspended his payments as permitted by law. This makes it possible to suspend the performance of his obligation as long as the other does not perform his. The law also allows the one who reproaches the other for not fulfilling his commitment to ask for "the resolution" of the contract, that is to say its abandonment with restitution of what has been paid on both sides. .

But the promoter refused to pay the compensation requested because he argued that the only penalties applicable were those provided for in advance, when the contract was concluded. And the only sanction foreseen was the payment of late penalties.

Justice proved him wrong. A debtor can always refuse or suspend his own performance when his co-contracting party has not provided the service he had promised and had to perform beforehand.

For the Court of Cassation, the classic sanctions provided for by law are still applicable, even if specific sanctions have been provided for in the contract. By providing for specific compensation, we do not renounce the possibilities of claims offered by the law.

(Cass. Civil 3, 14.2.2019, V 17-31.665).