Abstract EN:

The compliance consists in the objective correction of vitiated deed. It avoids or replaces uselessness or dissolution of the same because some of its conditions of validity have not been combined when formed or do not exist any more during its performance. Theorically, the admission of the compliance seems to be the fact that validation of the deed, that is to say its late accession to validity, is equivalent to original validity. From a practical point of view, the compliance has appeared in order first to avoid the negative consequences of the annihilation of the deed, secondly because it is the only appropriate sanction to rules aiming not at the annihilation of the deed, but at its maintenance, by adapting it towards the meaning imposed by the legislator. This observation leads us to determine the different fields of annihilation and compliance. It was then suitable to take an interest in the juridical system of the compliance. Even if this is a changing technique since it covers some distinctive processes, it obeys a common juridical system, apart from some peculiarities inherent to each process. The analysis of its conditions, of its performance, of its effects do testify it.