Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

338 OBLIGATIONS
38 A victim of a defect of consent may apply for the nullity
of the contract or, if the circumstances so warrant, the
reduction of his obligations.
Where the defect of consent is imputable to the other
contracting party, the victim may also sue in damages or join
both recourses.
39 A person whose inexcusable error entails nullity of the
contract or reduction of his obligations may be liable in
damages.
40 In the event of lesion, the court may also maintain any
contract the nullity of which is demanded, provided the
defendant offers a reduction of his claim or an equitable
monetary supplement.
§ - 3 Object of the contract
41 The object of a contract is the creation, modification,
transfer or extinction of obligations or of real rights.
§ - 4 Form of the contract
42 As a general rule, a contract need not be prepared in any
specific form.
43 If a special form prescribed by law is not used, the
contract will not be null, saving express provision.
44 A form prescribed on pain of nullity of a contract must
be followed whenever the contract is modified.
45 A promise to enter into a contract is not subject to the
form prescribed for the contract.
46 Parties may establish their contract in a form not
required by law for its validity.