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French to English translations [Non-PRO] Bus/Financial
French term or phrase:NE DEVIENT PARFAIT
TERMS AND CONDITIONS OF SALE
Toutes les commandes qui nous parviennent ne nous engagent que sous réserve de confirmation expresse de notre part, et le contrat de vente ne devient parfait que du jour de notre acceptation écrite et est réputé formé au siège de notre société.
A classic instance of theoretical conflict between common law and civil law approaches is found in the area of formation of contracts. The classic civil law approach is that an acceptance is not effective, hence the contract is not perfected, until it reaches the offeror, thus placing the risk of transmission of a written offer on the offeree http://www.cisg.law.pace.edu/cisg/text/garro18.html
b. Option money. -This is the sum of money or consideration that supports the offer or promise to sell or buy in a real estate transaction. It is distinct from price which is fixed by the seller-vendor. It may be withdrawn anytime. However, if the promise to sell is withdrawn after the buyer-vendee has accepted, the contract: is perfected, nevertheless.
Defenders of the C-130 contract claim there is as yet no valid contract because the 22-page contract that was signed is subject to suspensive conditions, like the issuance of a Forward Obligation Authority. Under the Civil Code, a contract is perfected the moment there is a meeting of the minds on the subject matter and the consideration of the contract. The enforcement of a contract can be subject to suspensive conditions, as when the effective date of a signed contract is made to depend on the happening of specified future events. Suspensive conditions do not prevent the legal existence of a contract, but merely suspend or postpone the obligations of the parties under the contract until the happening of the conditions.