French law of obligations

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30/09/2022

French law of obligations

Compare a bit with english law of obligations

it was reformed in 2016 (French law of  contracts), however it is not the end. The legislators have already put forward civil liability.

several topics on 2 main topics

first part: contract law

seconde part: french civil liability

quasi-contracts, general regime of obligations

1 - French contract law

1. preliminary remarks

is often seen as more social than english contract law, the contrast

modern french law does not see its contract as preliminary

French contract law has other purposes than facilitation of market transactions.

protections des consommateurs par exemple

Is it still true after the reform? yes

la volonte des parti is put in the center, the will of the contracting parties

it also reflects the idea that the law should aim to establish contractual justice

two OPPOSITE CONCEption, some jurist have fought for a more social way (solidarisme contractuel).

        -1 the scope of application of the general provisions of contract law

                the lost empire of french general contract law provisions

                        the scope of application has steadily decreased. 2016 did not put an end to tjhi sphonomenom. most contracts. they compete with other special rules contained in other codes (code de la consommation, code de la concurrence, code de commerce). the special law derivation from the special law. the general provision remain as a residual spec of rules, that is only applicable in the absence of special provisions (that are generally

the reform was still-born some ppl argue.

        -2 the importance of common law in contract law

                in english law the

general law of contracts (in england) remains dominated by common law, statutory law only regulates only aspects that seem needing a special rule.

the most important example is sale of goods act 1979 but

employment, tenancies (location) and consumer contract. neverthe the common law of contracts provide the

section 2 - key features of the contract in FL

At the very beginning of the preliminary PI the new law declares 3 very general propositions.

the freedom of contract

the binding force of contract

the contracts must be negotiated formed and performed in good faith

§1 definition of the contract

the general definition in french law

the will - l’autonomie de la volonté

article 1101 - defines something, look it up

l’offre et l’acceptation

these provision do not diverge with english law (it's the same)

§2 the standard-form contract in french law

leave no room for negotiation,, accept or not that's what that is

articles 1110 defines another thing, look it up

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