La distinction entre les obligations de moyens et de résultat présente de l’intérêt en matière de preuve des contrats.
1. Définition des obligations de moyens et des obligations de résultat
Les obligations de moyens ou de résultat découlent des contrats conclus. En effet, de la conclusion du contrat naissent des obligations à la charge des parties qui l’ont conclu. Ces obligations peuvent être de moyens ou de résultat.
L’obligation de moyens, dite également obligation de prudence et de diligence est l’obligation pour le débiteur d’apporter tous ses soins et ses capacités pour exécuter son obligation. Ainsi, l’obligation du médecin n’est pas de guérir le patient mais de mettre tout en oeuvre pour soigner son patient. L’obligation de résultat (ou obligation déterminée) est l’obligation pour le débiteur de parvenir à un résultat déterminé. Par exemple, le transporteur doit conduire le voyageur sain et sauf à destination.
2. Critères de distinction
Parmi toutes les obligations contractuelles, comment savoir celles qui doivent être considérées comme des obligations de moyens et celles qui sont des obligations de résultat ? La jurisprudence montre que différents critères prévalent.
En premier lieu, lorsque l’exécution de l’obligation est soumise à un certain aléa, le résultat ne saurait être garanti. Le médecin qui soigne ne peut garantir la guérison.
En revanche, lorsque l’exécution n’est soumise à aucun aléa, le résultat peut être garanti et l’on pourrait alors admettre l’obligation de résultat.
Evidemment, l’intention des parties et l’économie générale du contrat sont également pris en compte. Les parties peuvent avoir déterminé dans le contrat la nature de l’obligation.
Le rôle du créancier de l’obligation joue également un rôle non négligeable. Quand le créancier reste passif, quand il ne coopère pas à l’exécution par le débiteur de son obligation, l’obligation est le plus souvent de résultat.
Enfin, certaines décisions jurisprudentielles semblent retenir la qualification d’obligation de résultat quand l’intégrité de la personne humaine est en jeu.
3. Utilité de la distinction pour la preuve
Les articles 1137 et 1147 du code civil peuvent fonder une action en responsabilité contractuelle. L’article 1137 vise les obligations de moyens. En application de ce texte, il appartient au créancier de prouver que le débiteur n’a pas apporté tous les soins, toute la diligence, tous les moyens nécessaires à l’exécution de son obligation. L’article 1147 du code civil vise les obligations de résultat. Le créancier de l’obligation doit seulement prouver, d’une part, l’existence d’une obligation de résultat et, d’autre part, l’inexécution de l’obligation (le fait que le résultat n’a pas été atteint). Le débiteur de cette obligation doit, s’il veut s’exonérer de la responsabilité, prouver l’existence d’une cause étrangère. Il ne peut s’exonérer en démontrant qu’il n’a pas commis de faute.
Il convient cependant de remarquer que la distinction, nette en principe, n’est pas toujours évidente à mettre en oeuvre. La jurisprudence, en essayant de tenir compte de la diversité des obligations et de la variation de leur intensité ou étendue, a multiplié les distinctions en admettant des obligations de résultat absolue (ne cédant pas devant la force majeure), des obligation de résultat relative ( cédant devant la force majeure), ou encore des obligations de moyen renforcée ou de résultat atténuée (cédant devant l’absence de faute). En conséquence, la lecture de cette distinction est devenue plus complexe et son intérêt relatif.
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