Form and evidence of contracts
Objective: Choose the appropriate contractual form and master electronic signature levels to secure your commitments.
French law is consensualist: in principle, no particular form is required for the validity of a contract (Art. 1172). However, practice demands written contracts.
📄 Why put contracts in writing?
- Art. 1359: Written evidence is required for obligations exceeding €1,500
- Enforceability against third parties and courts
- Clarity on each party's rights and obligations
- Reference basis in case of dispute
✍️ Electronic signature - eIDAS
Articles 1366-1367 of the French Civil Code recognise the evidentiary value of electronic documents. The eIDAS Regulation (EU No. 910/2014) distinguishes:
- Simple electronic signature: Low evidentiary value
- Advanced electronic signature: Linked to the signatory, traceable
- Qualified electronic signature: Same value as a handwritten signature
📋 Clause - Electronic signature
"The Parties agree that this Contract may be signed electronically in accordance with Articles 1366 and 1367 of the French Civil Code and Regulation (EU) No. 910/2014 (eIDAS). An advanced or qualified electronic signature shall be deemed to have the same evidentiary force as a handwritten signature."
💡 Best practice: Use a qualified electronic signature platform (DocuSign, Yousign, etc.) for your procurement contracts. This guarantees traceability, a certified date and maximum evidentiary value.