Subjects: Law , Law - French Legal.
New civil procedure code Nouv. Criminal Code C. Criminal Procedure C. Commercial Code C. Employment Code C.
French Codes Part of Napoleon's great vision for a republican France was to achieve a unification of the law across the nation. Since then, more codes have been drafted: by the end of the 20th century there were over French codes have shelf marks in the range from KV to KV By continuing to use this website you agree to our use of our cookies unless you have disabled them. Thought leadership Publications Reform of the French Civil Code on contract law and the general regime and proof of obligations.
Preference pacts and unilateral promises Under new article , if the undertaking party in a preference pact enters into an agreement in violation of this preference pact, the original beneficiary may obtain damages, and, if the new counterparty knew of the existence of the preference pact and the intention of the beneficiary to benefit thereby, the beneficiary may bring an action to have the offending contract declared null or request the judge to have the beneficiary substituted for the offending party in the contract. Economic violence and unequal clauses New article provides that violence exists when a party, abusing the state of dependency in which its co-contracting party finds itself, obtains from such co-contracting party an undertaking which such co-contracting party would not have otherwise agreed to in the absence of such constraint, and benefits thereby from a manifestly excessive advantage.
Hardship and force majeure New article provides that if a change in circumstances which could not have been predicted at the time the contract was entered into renders performance of the contract excessively onerous for a contractual party who had not assumed such risk, such party may request its counterparty to renegotiate the contract. It is also possible for the obligee, following the giving of a mise en demeure , to perform the obligation itself or cause it to be performed, with a reasonable time period and at a reasonable cost, or, following receipt of prior authorisation by the judge, destroy anything done in violation thereof.
The obligee may request the obligor to reimburse sums paid by the obligee for such purpose, and may also file a motion before the court asking the obligor to advance to the obligee the amounts necessary for such performance or such destruction.
This new remedy is a substantial departure from previous practice, under which specific performance was rarely permitted. Accept imperfect performance and request a proportional reduction in price, following a mise en demeure. Termination of the contract, after a mise en demeure.
The obligee is always entitled to request the court to terminate the contract; in such case, the judge may either acknowledge or order the termination of the contract or order the non-performing party to perform either immediately or within a period fixed by the court, or simply order the payment of damages.
In addition, damages, after a mise en demeure, can always be claimed, either alone or in conjunction with the other remedies. Footnotes 1 The parties may not contractually limit or exclude such obligation.
Philippe Hameau. Jean-Pascal Bus. Martin Gdanski.
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