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Synallagmatic Contract

A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration.

In civil law, consideration is not a requirement for a valid and enforceable contract. Thus, the term is used to distinguish those contracts where reciprocal obligation exists from those where they do not.

§1390 of the 2008 edition of Quebec's Civil Code:

"A contract is synallagmatic, or bilateral, when the parties obligate themselves reciprocally, each to the other, so that the obligation of one party is correlative to the obligation of the other. When one party obligates himself to the other without any obligation on the part of the latter, the contract is unilateral."

Almost identically, the 2008 Louisiana Civil Code provides, at §1908:

"A contract is bilateral, or synallagmatic, when the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other."

A contract of sale is a classic example, where one party provides money and the other, goods or services; or an employment contract, where the employer provides money as salary or wages, and the employee, specified services.

A gift is not a synallagmatic contract.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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