Essential content and clauses to include in a partnership contract

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hether it is strategic partnerships , commercial partnerships, or even acquisitions or co-entrepreneurship, surveys and studies conducted among companies show that their number has been increasing in recent years. This trend is confirmed in all sectors, from health to tech, including the automotive industry. To get the most out of a partnership, you must first understand what it is and master its mechanisms.

What is a partnership contract?
As its name suggests, a partnership, whatever its nature, is first and foremost a contract . It is therefore a formal act between two parties who seek to achieve a particular cameroon phone data objective and need to rely on each other to do so, while maintaining their independence. It can be a commercial agreement, a joint venture, a merger of companies, or even a purely temporary marketing collaboration . For example, a partnership can be considered to develop joint products, such as software, an application, or a clothing brand, and thus share the profits. But it can also be a simple sharing of resources and pooling of logistics to cope with increasing production costs or an expansion of the company. All the terms and conditions must be indicated in the contract, concerning its application, its duration, the responsibilities of each party, etc. It is therefore not an act to be considered lightly, as its repercussions can be significant later on. In French law, if we refer to contract law, article 1193 of the Civil Code provides that legally formed contracts are binding on those who have made them.


There is no text dictating the mandatory clauses and content to be included in a partnership agreement. However, like any contract, it is based on the French Civil Code which governs the general principles regarding the formation and execution of contracts. This is defined as the agreement of wills between two or more persons intended to create, modify, transmit or extinguish obligations. To be valid, the Code specifies a certain mandatory content, common to all types of contracts. Partnership agreements cannot therefore deviate from it.

Partnership contracts must include proof of mutual and free consent of both companies by a signed declaration. In this regard, both parties must be legally capable of entering into this contract. The person signing it must therefore have the power to do so, and the company must not be subject to a sanction or administrative measure prohibiting it from entering into a contract freely. The object and cause of the contract must then be lawful and not contravene public order or the law. Apart from these few obligations, the partnership contract is perfectly free in its form and terms, offering unlimited possibilities to companies and corporations.