Price determination by the parties or a third party: Contractual precautions to adopt
In a decision published in the Bulletin on June 4, 2025, the Commercial Chamber of the Cour de Cassation (French Supreme Court) reaffirmed a fundamental principle of contract law: The determination of the price lies exclusively with the will of the parties or, where applicable, a third party designated by them – but never with the judge.
This decision highlights the importance of complying with Articles 1591 and 1592 of the French Civil Code, which respectively provide that the price must be determined and identified by the parties, or left to the determination of a third party expressly designated for that purpose.