French Contract Law is a quite old field of law, considerably rich from an intellectual standpoint. It is interesting to point out some of its basic features to non-French lawyers, students and scholars.
Revision project and conclusion
A revision project of the French Contract Law has been in discussion for some years now, specifically in order to integrate case law solutions. Case law solutions are generally known, but it would be useful to bring them to the general knowledge in a clearer way through inserting them into the articles of the Code civil.
It is interesting to see how French Law, which is a continental system of law traditionally seen as based on Codes, gives in fact great authority to case law in the field of Contract Law.
It must also be said that Contract Law, as it results from the Code civil, is the general legislation that applies to parties in a situation of equality. Specific bodies of Law also apply to particular situations. For instance, a contract concluded between a consumer or a non-professional and a professional will also be regulated by specific rules included the Code de la consommation.
By Bruno DONDERO,
professor at Paris 1 Panthéon – Sorbonne University
Le blog du professeur Bruno Dondero 