Author Description
After Being Almost Untouched For Over 200 Years, The Contract Law Section Of The French Civil Code Was Overhauled In 2016 And 2018. The New French Law Of Contract Describes, Explains And Analyses The New General Principles Of Contract Law In The Reformed Code In A Concise And Stimulating Way. The Areas Covered Include Contract Formation, Validity, The Interpretation And Supplementation Of Terms, The Regulation Of Unfair Terms, Privity Of Contract, Change Of Circumstances, Breach Of Contract And Remedies. The Book Examines The Ways In Which The New Articles Affirm Or Depart From The Provisions Of The 1804 Code And Pre-reform Case Law, Giving Special Attention To Changes That Have Proved To Be Controversial And The Debates That Surround Them. It Also Considers The Various Influences That Have Shaped The Reforms, In Particular Those From International Contract Law Instruments Such As The Principle Of European Contract Law And The Unidroit Principles. Written From The Standpoint Of A Common Lawyer, The Book Is Designed To Help Readers From A Common Law Background To Navigate The Innovations In The Reforms And The New French Law Of Contract That Emerges. It Is Essential Reading For Students, Researchers, Practitioners, Law-makers And Judges With An Interest In Comparative Law-- Solène Rowan. Includes Bibliographical References And Index.
Menrva's Summary
THE THESIS
This book investigates the fundamental shifts in French contract law following the comprehensive reforms of the French Civil Code in 2016 and 2018. Solène Rowan, an expert in comparative law, provides a systematic analysis of these legislative changes. The text evaluates how the new articles interact with the historical 1804 Code and incorporates international legal influences to explain the evolution of French jurisprudence.
THE SCOPE MAP
What You Will Find
- Analysis of contract formation, validity, and interpretation
- Examination of unfair terms, privity, and breach of contract
- Comparative study of French reforms against international instruments like the Unidroit Principles
- Discussion of controversial articles and their legislative debates
Scope Limits
- The text focuses primarily on the perspective of common law practitioners rather than an exhaustive civil law practitioner's manual
- It does not provide an exhaustive case-by-case application of every minor article in the code
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners identify this work as a primary resource for understanding the transition from the 1804 Code to the modern framework. Readers frequently note the clarity of the prose, which effectively bridges the gap between common law and civil law traditions.
Page Count:
0
Publication Date:
1900-01-01
Publisher:
Oxford University Press,
ISBN-10:
0191848018
ISBN-13:
9780191848018
Comparative Law
French Civil Code
Contract law
Law
Contracts
Legal History
Academic