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The new French law of contract /

'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 controvers...

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Bibliographic Details
Main Author: Rowan, Solène (Author)
Format: eBook
Language:English
Published: Oxford : Oxford University Press, 2022.
Edition:First edition.
Subjects:
Contracts > France.
Contrats > France.
Comparative.
LAW.
Legal History.
Contracts
France
Laws of specific jurisdictions & specific areas of law.
Law.
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of 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  • 1 An outdated and incomplete statement of contract law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
  • D Concluding Observations
  • 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
  • D Concluding Observations
  • 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