Definition : Rules of the trade (Best practices)

The set of practices and techniques determining the rules of conduct, according to the specificities of each field, so that the works or providing a service are properly performed. This set of written rules (e.g. scientific and technical publication, manufacturer's guide, standards defined by certain specialized bodies, etc.) and of unwritten rules (e.g., generally recognized long standing practice, usage, etc.) constitute knowhow resulting from the achievements of practice. The failure of abiding thereto constitutes a fault that may engage the contractual civil liability of its author.

WHAT YOU SHOULD KNOW ! The concept of "rules of the trade" is in the law but is not defined therein. These rules are deemed to be implicit contractual obligations, as opposed to those which derive from the terms and conditions of a contract.

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The Law and the overwhelming majority of declarations of co-ownership require that syndicates of co-owners insure their building. This may seem surprising at first glance as the syndicate does not own the private portions nor the common portions. However, its main object is to ensure the preservation and the longevity of the building and to manage and administer it diligently following rules of the trade. This is why the legislator has given to the syndicate an insurable interest and has made it compulsory that it subscribe building insurance.  
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