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The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms

The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms

Author: John Cartwright; Simon Whittaker
Publisher: Hart Publishing
ISBN: 9781509911608

Published In: October 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509936557

List Price: HKD 1,820.00

HKD 1,765.40 Save HKD 54.60 (3%)

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Description
Contents

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The French Civil Code, which governs the law of obligations in France, has remained unchanged since 1804 and has served as the model for civil codes across the world.

In 2016, the French Government enacted legislation repealing much of this law. This work looks at the effect of this action and the new provisions for French contract law.

Drawing on the expertise of comparative lawyers working on French law and the law of other civil codes, it explores the lively debates between French and other scholars on the merits (or demerits) of the reform. It will make these seismic and fundamental reforms accessible to an English-speaking audience.

1. Introduction

SIMON WHITTAKER AND JOHN CARTWRIGHT

Part I: The Background to the Reforms

2. The Process of Elaboration of the Reform of the Law of Contract

BÉNÉDICTE FAUVARQUE-COSSON, JULIETTE GEST AND FRANÇOIS ANCEL

I. Introduction

II. The Context of the Reform

III. The Three Periods of the Process of Reform

Part II: The New Provisions Critically Examined

3. Contracts, Contract Law and Contractual Principle

SIMON WHITTAKER

I. Introduction

II. Identifying ‘Contract Law’

III. The Portrait of French Contract Law in the Reformed Code Civil

IV. Conclusion

A: The Creation of a Valid Contract

4. Formation of Contract: Negotiation and the Process of Agreement

RUTH SEFTON-GREEN

I. Precontractual Negotiations: Freedom and Good Faith

II. Offer and Acceptance

III. Pre-contracts

IV. Conclusion

5. Validity of Contract: Dol, Erreur and Obligation d’Information

CAROLE AUBERT DE VINCELLES

I. Precontractual Information Obligations

II. The Defects in Consent

6. Violence in the Reformed Napoleonic Code: the Surprising Survival of Third Parties

CIARA KENNEFICK

I. Introduction

II. Duress by Third Parties

III. Duress on Third Parties

IV. Conclusion

B: The Content and Effects of Contracts

7. The Content of Contracts: Prestation, Objet, but No Longer la Cause?

LAURENT AYNÈS

I. Introduction

II. From Objet to the Content of the Contract

III. From la Cause to Something in Return (la Contrepartie)

8. The Revolution in Unfair Terms

PHILIPPE STOFFEL-MUNCK

I. Introduction

II. Article 1170: the General Provision

III. Article 1171: the Special Provision

9. Mandatory and Non-mandatory Rules in the New Law of Contract

CÉCILE PÉRÈS

I. Formal Recognition

II. Qualifications on the General Non-mandatory Character of the Provisions

III. The Retreat of Freedom of Contract

10. Does Review on the Ground of Imprévision Breach the Principle of the Binding Force of Contracts?

BÉNÉDICTE FAUVARQUE-COSSON

I. Introduction

II. From Contractual Stability to Greater Flexibility: How New Article 1195 Finally Reached a Good Balance

III. Imprévision in the Reform of Contract Law: Related Issues

IV. Conclusion

11. The Proprietary Effects of Contracts

GENEVIÈVE HELLERINGER

I. Introduction

II. The New Provisions of the Code Civil

III. Critical Appraisal

12. The Effects of Contracts and Third Parties

JEAN-SÉBASTIEN BORGHETTI

I. Introduction

II. The Relative Effect of the Contract

III. The ‘Opposability’ of Contracts

IV. Conclusion

C: Contractual Non-performance and its Remedies

13. Exécution Forcée en Nature

YVES-MARIE LAITHIER

I. Introduction

II. The New Provisions of the Code Civil Relating to the Performance in Kind of Contractual Obligations

III. The State of the Law as it Stood Before the Reform of 10 February 2016

IV. Comparative Perspectives on the New Provisions

V. Critical Observations

14. The Exception d’Inexécution

THOMAS GENICON

I. Introduction

II. Considerations Common to Articles 1219 and 1220

III. Article 1219: The Defence of Proven Non-performance

IV. Article 1220: The Defence of Anticipated Non-performance

15. Termination for Contractual Non-performance

SOLÈNE ROWAN

I. Introduction

II. The New Provisions on Termination: Description and Comparison with the 1804 Code

III. Comparative Observations on the New Provisions of the Code Civil

IV. An Assessment of the New Provisions on Termination

V. Conclusion

Part III: Refl ections from Other Civil Laws

16. The New Design of the French Law of Contract and Obligations: An Italian View

PIETRO SIRENA

I. The French Reform in the Eyes of Italian Scholarship

II. The Rise of a French Law of Obligations within Book III of the Code Napoléon

III. The New Article 1100 Code Napoléon and the Rest of its New Title III on the Sources of Obligations

IV. The New Article 1101 Code Napoléon and the Definition of Contract

V. The New Article 1105 Code Napoléon and the Division between the General Part and the Special Part of Contract Law

VI. The New Article 1128 Code Napoléon and the Requirements for the Validity of Contract

VII. The New Chapter of the Code Napoléon on Formation of Contract and the Duty to Disclose During Precontractual Negotiations

VIII. The Degree of Innovation Afforded by the French Reform and the Meaning of a Contemporary Civil (Re-)Codification

17. A Spanish Perspective on the General Theory of Contract

ESTHER ARROYO AMAYUELAS

I. Introduction

II. General Overview of the Reform (Title III)

III. Some Issues of Interest

IV. Final Reflections

18. La Troisième Jeunesse du Code Civil: A German Lawyer Looks at the Reform of French Contract Law

BIRKE HÄCKER

I. Background

II. General Remarks

III. Specific Comments

IV. Conclusion"

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