Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

Exhibit 4

THÉMIS

LAW
UNDER THE DIRECTION OF
CATHERINE LABRUSSE-RIOU
Professor emerita at the University of Paris I
and
DIDIER TRUCHET
Professor at the University of Paris II

_______________________________________________________________________

MURIEL FABRE-MAGNAN
Professor at the University of Paris I – Pantheon – Sorbonne

Law of Obligations
1 – Contracts and unilateral agreements

ILS
KJV
1539
.F33
2010x
v. 1
[Logo]
PRESSES UNIVERSITAIRES DE FRANCE
[University Presses of France]

ISBN 978-2-13-058224-3
Legal Filing – 1st edition: 2007, September
2nd edition update: 2010, September
© Presses Universitaires de France, 2007
6, avenue Reille, 75014, Paris

Sub-title I
THE PRINCIPLE OF CONSENSUALISM

1 | Content of the Principle
The principle of consensualism means that, excepting express exception, a contract is
formed by the mere exchange of consents (solo consensu) without any particular form being
necessary. In particular, the drafting of a written document, and a fortiori, the signing of a
document are not conditions of formation of contracts. Certainly, such formalities will
sometimes be necessary for the proof of the contract, ad probationem, but not ad validitatem, i.e.
for the validity of the contract, unless a particular text requires it.
As a rule, it is the agreement of the parties which gives rise to the obligation; if a judicial
decision is needed to validate this agreement, sometimes a judicial contract is referred to, and the
courts seem to vacillate between the classification of contract or that of judgment1.
The principle of consensualism must be distinguished from that of contractual freedom,
whose exercise it facilitates, however: it makes the concluding of contracts easier, with the risks
that this entails.

1

A. Benabent, RDC 2007/3, 759, under 1st Civ., Dec. 12, 2006, no. 04-11579, which arrives at the classification of
contract to authorize the Paulian action, and 1st Civ., Mar. 6, 2007, no. 06-12223, which arrives at the classification
of judgment to authorize an appeal, both judgments concerning the ordering of alimony corresponding to an
agreement between the parties.