Mustapha Mekki, ‘The General Principles of Contract Law in the “Ordonnance” on the Reform of Contract Law’

Introduction:
Finally, the reform of contract law has taken place. After 10 years of waiting, Title III of Book III of the French Civil Code has been revised. The revision was done by ‘Ordonnance’ – legislation developed without going through Parliament. The Ordonnance, which was published in February 2016, contains numerous changes to French contract law that are meant to better align the law with the economic and social realities of today. This Essay is not concerned with all of the intricacies of the reform, but rather will provide analysis of its general principles, namely ‘good faith’ and ‘freedom of contract’, which are explicitly detailed in the proposal … These two principles are the pillars of the contractual temple, but context is necessary to fully appreciate and understand them. As a result, this Essay will proceed in two stages, as is customary for French lawyers. First, this Essay will discuss the genesis of the general principles, explaining their origin and relevance. Second, this Essay will examine the content of these general principles, explaining the advantages of the articles as written as well as how to improve them … (more)

Mustapha Mekki, ‘The General Principles of Contract Law in the “Ordonnance” on the Reform of Contract Law’, 76 Louisiana Law Review (2016).

First posted 2016-05-14 08:17:54

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