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 55

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

Conclusion of the contract

263

. . . to lengthen the process of exchanging consents. The consumer cannot validly give his
consent before a compulsory period (he is obligated to think about it), whereas the professional is
then required to maintain his offer during a set time period. Thus, with regard to real estate
loans, submitting an offer obligates the lender to maintain the conditions indicated for a
minimum period of thirty days beginning from its receipt by the borrower, and the borrower can
accept this offer only ten days after he has received it (art. L. 312-10 C. Cons.), under penalty of
invalidity of the loan and revocation of the right to the interests. Waiver of the benefit of these
public policy provisions is not possible1 and recourse to an official deed does make it possible to
overcome them either2.

2. FORMS OF ACCEPTANCE
As a rule, acceptance can be express or tacit; exceptionally, it can be deduced from the
silence maintained by the recipient of the offer3.
A / The principle: acceptance must be either express or tacit
Acceptance must, as a rule, be either express or tacit. Acceptance is express when the
recipient of the offer has used a means of communication (written, spoken, or even gesture) to
express his acceptance. It is tacit when, by his conduct, the recipient of the offer has indicated
his intention to conclude the contract: thus, by the fact that he has begun to perform the contract,
it can be deduced that he has demonstrated his intention to conclude it and thus, his acceptance.
On the other hand, silence does not as a rule amount to acceptance, i.e. the purely passive
attitude of the recipient of the offer, which expresses nothing and which does not mean to
express anything, cannot be interpreted as signifying acceptance of the offer. An acceptance
cannot be ...

1

1st Civ., Dec. 9, 1997, no. 95-15494; RTD civ.1998, 670, obs. J. Mestre. 
1st Civ., Dec. 4, 2001 and Jan. 22, 2002, RTD civ. 2002, 287,obs,. J. Mestre and B. Fages. 
3
Comp. art. 4: 204 (acceptance) from the draft of Cadre commun de reference [Common Frame of Reference]: “(1)
Any form of statement or conduct by the offeree is an acceptance if it indicates assent to the offer. (2) Silence or
inactivity does not in itself amount to acceptance”; addendum the PECL, art. 2: 204: “Any statement or conduct of
the recipient indicating that he assents to the offer constitutes acceptance. (2) Silence or inaction cannot in itself
amount to acceptance”. 
2