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- Title
The French Contract Law Reform and the Political Process.
- Authors
Fauvarque-Cosson, Bénédicte
- Abstract
This paper provides an overview of the political process which led to the adoption of one of the most important reforms of the Code civil since 1804. This major revision of the French Code civil took place by way of an 'ordonnance' (delegated legislation). That, in itself, was highly controversial. As regards substance, the most controversial points related to the need to strike a new balance between contractual justice and legal certainty in French contract law to make it better suited to economic and social life in the twenty-first century. The French contract law reform began at the instigation of President Chirac, was continued under Sarkozy's presidency and was finally completed while François Hollande was the President of France. This background might suggest that, from a political standpoint, the new provisions of the Code civil successfully struck the right balance between legal certainty and contractual justice; if only political life were so simple. As will be shown in the second part of this paper, many questions remain open. The first part recounts the story behind the reform, from its origins to its completion. The second part gives some further insight into some emblematic new provisions of the Code civil.
- Subjects
CONTRACTS; LAW reform; POLITICAL opportunity theory; CIVIL law; JUSTICE
- Publication
European Review of Contract Law, 2017, Vol 13, Issue 4, p337
- ISSN
1614-9920
- Publication type
Article
- DOI
10.1515/ercl-2017-0018