The real estate credit contract is above all a contract for the loan of money; as such, the contracting parties are bound to respect the obligations arising from this contract in accordance with the provisions of the ordinary law of contracts (C. civ., art. 1134)1 and of loans of money (C. civ., art. 1905)2 . In the real estate credit contract, as in other contracts, it is the meeting of the minds that gives rise to the obligations of both parties.
This meeting of the wills supposes :
- an offer and
- an acceptance
That articles L. 312-7 to L. 312-14 of the Consumer Code subject to conditions of validity, so that the contract can be validly formed. Since a real estate loan contract is not in the nature of a real contract (Cass. 1re civ., 27 May 1998: Bull. civ. 1998, I, n° 186; D. 1999, jurispr. p. 194, note Bruschi; D. affaires 1998, jurispr. p. 1121, obs. S. P.; LPA 16 July 1999, p. 23, note by Depadt-Sebag), it follows that the contract will be formed by the acceptance given by the addressee of the offer II – The credit offer: The principle is set out in article L. 312-7 of the Consumer Code, which states: “For the loans mentioned in Article L. 312-2 3 , the lender is required to make a written offer sent free of charge by mail to the potential borrower and to the guarantors declared by the borrower when they are natural persons.
Summary:
I – PRINCIPLE:
II – THE CREDIT OFFER :
III – ACCEPTANCE :
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120113 – Conditions of validity of the offers of real loans
