The new French law of contract / Solène Rowan.

Format:

Book

Author/Creator:

Rowan, Solène, author.

Language:

English

Subjects (All):

Contracts--France.

Contracts.

Physical Description:

1 online resource

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2022.

Summary:

'The New French Law of Contract' analyses new general principles of contract law in the reformed Code in a concise and illuminating way. By examining how the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, it gives special attention to controversial changes and the debates that surround them.

Contents:

Cover

The New French Law of Contract

Copyright

Dedication

Contents

Table of Cases

Table of Legislation and Other Materials

1. The Genesis of the New French Law of Contract

A The Reasons for the Reforms

1 An outdated and incomplete statement of contract law

2 Loss of international influence

3 Lack of appeal to international business

B The Objectives of the Reform

C The Long Road to Reform

PART I: INTRODUCTION TO THE KEY PRINCIPLES OF CONTRACT LAW

2. The Place of Contract Law in the Law of Obligations and the Sources of Contract Law

A The Place of Contract Law within the Law of Obligations

B The Main Sources of French Contract Law

1 Legislation

2 Decided cases

3 The important role of academic writings

3. Introductory Provisions: The Definition of Contract, the Fundamental Principles of Contract Law, and the Classification of Contract

A Definition of Contract

B The Fundamental Principles of Contract Law

1 Freedom of contract

2 The binding force of contract

3 Good faith

C Classification of Contract

1 Traditional classifications of contract

2 Classifications of contract newly introduced by the reforms

D Concluding Observations

PART II: FORMATION OF THE CONTRACT

4. The Agreement

A Pre-​Contractual Negotiations

1 Freedom to contract limited by a principle of good faith

2 A general duty to provide information

B Offer and Acceptance

1 Offer

2 Acceptance

C Intention to Create Legal Relations

1 Social and domestic agreements, gentlemen's agreements, and agreements in principle

2 Pre-​contractual agreements

5. The Validity of the Contract

A Defects Vitiating Consent

1 Mistake (erreur)

2 Fraud (dol)

3 Duress (violence)

B Illegality

1 The removal of the requirement of a legal cause.

2 Lawful contractual stipulations

3 Lawful aim of the contract

C Certainty of Subject-​Matter

1 The act of performance must be possible or exist

2 The act of performance must be determined or capable of being determined

1 Defects vitiating consent

2 The disappearance of the notion of cause

PART III: THE CONTENT OF THE CONTRACT

6. The Interpretation and Supplementation of Contracts

A Interpretation: Interprétation explicative

1 The dichotomy between the subjective and objective approaches to interpretation

2 Dénaturation

3 Standard form contracts and the contra proferentem rule

B The Supplementation of the Terms: Interprétation créatrice

1 The sources of supplementary contractual obligations

2 The relationship between supplementation and interpretation

7. Unfair Terms and the Rebalancing of Contracts

A The Starting Principle: No Judicial Interference with the Content of the Contract

B The Exceptions to Article 1168: The Protection against Unfair Terms

1 Use of the doctrine of cause before the reforms to redress contractual imbalance

2 'Illusory or derisory' counter-​performance

3 Contract terms depriving one's essential obligation of its substance

4 Unfair terms in standard form contracts

C Concluding Observations on Significant Aspects of the Reforms

PART IV: THE REACH OF THE CONTRACT BEYOND THE CONTRACTING PARTIES

8. The Effect of the Contract on Third Parties

A The Starting Principle

B Enforceable Rights Conferred on Third Parties under Legislation

1 Stipulations for the benefit of a third party

2 Direct action in payment (action directe en paiement)

3 Actions obliques

4 Actions pauliennes

C Court-​Made Exceptions to the Principle of Relative Effect.

1 Implied stipulations for the benefit of a third party (stipulations pour autrui implicites)

2 Direct action in liability (action directe en responsabilité)

3 Actions in extra-​contractual liability by third parties for breach of contract

PART V: FAILURE TO PERFORM

9. Failure to Perform Due to Unforeseen Circumstances

A Performance That Is Impossible: Force Majeure

1 Characterization of force majeure

2 The effects of force majeure

B Imprévision

1 Necessary conditions for imprévision

2 Effects

C Concluding Observations

10. Remedies for Breach of Contract

A Withholding Performance to Incentivize Performance: The Exception d'Inexécution

1 Overview

2 Necessary conditions for the exception d'inexécution

B Enforced Performance in Kind

1 Specific enforcement: compelling the defaulting party to perform (exécution forcée en nature)

2 Obtaining performance from a third party: 'replacement'

C Price Reduction

D Termination

1 The different methods of terminating a contract

2 The new role of the court in the termination process

3 The effects of termination

4 No anticipatory breach of contract or termination

E Compensation for Loss

1 'Fault' as the basis of contractual liability

2 The measure of damages

3 The compensation of non-​pecuniary loss

4 Limits on compensation of loss

5 Agreed damages clauses

6 Punishment and restitution as other functions of damages?

F Conclusion

1 The introduction of standards of reasonableness and proportionality

2 The expansion of self-​help powers

3 The strong protection afforded to performance

4 External influences

11. Concluding Remarks

A More Accessible and Predictable?

B More Commercially Orientated, Competitive, and Fair?

C Explaining the Lack of Coherency.

D The New Face of French Law Is Still to Be Shaped

Bibliography

Index.

Notes:

This edition also issued in print: 2022.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on November 1, 2022).

ISBN:

0-19-253897-7

0-19-253896-9

0-19-184801-8