Paper's abstract

François Diesse, The Duty of Cooperation as Main Principle of the Contract
Discovered through the practice of business, cooperation is at the birth of transactions and is also set as the horizon towards which the evolution of contractual relations is turned. The judges and the legislator sometimes forced some of its particular applications on certain types of contracts. They have also spread this principle to all kind of conventions. Because cooperation undoubtedly governs the contract at the same time from the inside and from the outside. From the inside, cooperation is the rib of the contract. It's its substance. On this account it pervades the contractual relations as a whole with the effects of its constituting elements by making the contract an act of solidarity between parties and an instrument of harmonization of their reciprocal expectations and commitments. From the outside, the need to cooperate is the way through which the norms of normalization and of behavior from various sources enter the contract to make it more dynamic and alive.

Key Words : cooperation, contract
t. 43, 1999, p. 259-302

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