Overview

The coexistence of the obligation to inform and fraud through reluctance allows the protection of the consent of the parties to the contract. If the relationship between these two notions was already complex, this complexity is even more perceptible through their codification by the recent reform of the Civil Code. As the assignment of social rights is a contract, it is governed by the provisions of the general law of contracts. However, the particular nature of social rights makes it ineffective to protect this contract by the provisions of this ordinary law. The purpose of this study is not only to look at the relationship between the obligation to provide information and fraud, and more precisely at the reluctance to do so, as enshrined in the reform of the Civil Code in French law, and as provided for in the draft uniform text on the general law of obligations in the OHADA area, but also to see how the incorporeal nature of social rights constitutes an obstacle to the protection of assignment by the provisions of the ordinary law of contracts which thus call for specific protection.

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