Contract or legal act? A study from the medical relationship

On the acknowledgment of the recent consecration of the notion of legal act by the French civil code, the purpose of this thesis is to reflect on the consequence of this evolution on the notion of contract. The author first starts by demonstrating that the addition of the legal act to the contract is necessary. Indeed, a close study of the medical relation shows that the contract has technical and psychosocial weaknesses which make it impossible to be used in some situations. Henceforth the importance of having another tool at one's disposal , the legal act, likely to take over from the contract. In order to enable the legal act to sustain the contract, it is yet necessary to reinforce this first concept, going deeper in its definition and giving it its own legal system, separate from the one of the contract. In this work legal was eventually defined as an act acknowledged in a legal system as creating legal norms. Moreover, several properties have been highlighted, in particular the existence of its own validity conditions, owing first to the requirement of the unflawed will of the author the act and second to the legitimacy of the motives. Although these properties were brought out from contract law, it has been shown That they could apply to all legal acts, from victim consent in criminal law, to marriage, judgment, administrative act or to the law.