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The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms (eBook)

Edited by: John Cartwright, Simon Whittaker

ISBN13: 9781509911615
Published: October 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £62.99
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9781509911608
£140.00

The French Civil Code, which governs the law of obligations in France, has remained unchanged since 1804 and has served as the model for civil codes across the world.

In 2016, the French Government enacted legislation repealing much of this law. This work looks at the effect of this action and the new provisions for French contract law.

Drawing on the expertise of comparative lawyers working on French law and the law of other civil codes, it explores the lively debates between French and other scholars on the merits (or demerits) of the reform. It will make these seismic and fundamental reforms accessible to an English-speaking audience.

Subjects:
European Jurisdictions, eBooks, France
Contents:
1. Introduction
SIMON WHITTAKER AND JOHN CARTWRIGHT

Part I: The Background to the Reforms
2. The Process of Elaboration of the Reform of the Law of Contract
BÉNÉDICTE FAUVARQUE-COSSON, JULIETTE GEST AND FRANÇOIS ANCEL
I. Introduction
II. The Context of the Reform
III. The Three Periods of the Process of Reform

Part II: The New Provisions Critically Examined
3. Contracts, Contract Law and Contractual Principle
SIMON WHITTAKER
I. Introduction
II. Identifying ‘Contract Law’
III. The Portrait of French Contract Law in the Reformed Code Civil
IV. Conclusion
A: The Creation of a Valid Contract
4. Formation of Contract: Negotiation and the Process of Agreement
RUTH SEFTON-GREEN
I. Precontractual Negotiations: Freedom and Good Faith
II. Offer and Acceptance
III. Pre-contracts
IV. Conclusion
5. Validity of Contract: Dol, Erreur and Obligation d’Information
CAROLE AUBERT DE VINCELLES
I. Precontractual Information Obligations
II. The Defects in Consent
6. Violence in the Reformed Napoleonic Code: the Surprising Survival of Third Parties
CIARA KENNEFICK
I. Introduction
II. Duress by Third Parties
III. Duress on Third Parties
IV. Conclusion
B: The Content and Effects of Contracts
7. The Content of Contracts: Prestation, Objet, but No Longer la Cause?
LAURENT AYNÈS
I. Introduction
II. From Objet to the Content of the Contract
III. From la Cause to Something in Return (la Contrepartie)
8. The Revolution in Unfair Terms
PHILIPPE STOFFEL-MUNCK
I. Introduction
II. Article 1170: the General Provision
III. Article 1171: the Special Provision
9. Mandatory and Non-mandatory Rules in the New Law of Contract
CÉCILE PÉRÈS
I. Formal Recognition
II. Qualifications on the General Non-mandatory Character of the Provisions
III. The Retreat of Freedom of Contract
10. Does Review on the Ground of Imprévision Breach the Principle of the Binding Force of Contracts?
BÉNÉDICTE FAUVARQUE-COSSON
I. Introduction
II. From Contractual Stability to Greater Flexibility: How New Article 1195 Finally Reached a Good Balance
III. Imprévision in the Reform of Contract Law: Related Issues
IV. Conclusion
11. The Proprietary Effects of Contracts
GENEVIÈVE HELLERINGER
I. Introduction
II. The New Provisions of the Code Civil
III. Critical Appraisal
12. The Effects of Contracts and Third Parties
JEAN-SÉBASTIEN BORGHETTI
I. Introduction
II. The Relative Effect of the Contract
III. The ‘Opposability’ of Contracts
IV. Conclusion
C: Contractual Non-performance and its Remedies
13. Exécution Forcée en Nature
YVES-MARIE LAITHIER
I. Introduction
II. The New Provisions of the Code Civil Relating to the Performance in Kind of Contractual Obligations
III. The State of the Law as it Stood Before the Reform of 10 February 2016
IV. Comparative Perspectives on the New Provisions
V. Critical Observations
14. The Exception d’Inexécution
THOMAS GENICON
I. Introduction
II. Considerations Common to Articles 1219 and 1220
III. Article 1219: The Defence of Proven Non-performance
IV. Article 1220: The Defence of Anticipated Non-performance
15. Termination for Contractual Non-performance
SOLÈNE ROWAN
I. Introduction
II. The New Provisions on Termination: Description and Comparison with the 1804 Code
III. Comparative Observations on the New Provisions of the Code Civil
IV. An Assessment of the New Provisions on Termination
V. Conclusion

Part III: Refl ections from Other Civil Laws
16. The New Design of the French Law of Contract and Obligations: An Italian View
PIETRO SIRENA
I. The French Reform in the Eyes of Italian Scholarship
II. The Rise of a French Law of Obligations within Book III of the Code Napoléon
III. The New Article 1100 Code Napoléon and the Rest of its New Title III on the Sources of Obligations
IV. The New Article 1101 Code Napoléon and the Definition of Contract
V. The New Article 1105 Code Napoléon and the Division between the General Part and the Special Part of Contract Law
VI. The New Article 1128 Code Napoléon and the Requirements for the Validity of Contract
VII. The New Chapter of the Code Napoléon on Formation of Contract and the Duty to Disclose During Precontractual Negotiations
VIII. The Degree of Innovation Afforded by the French Reform and the Meaning of a Contemporary Civil (Re-)Codification
17. A Spanish Perspective on the General Theory of Contract
ESTHER ARROYO AMAYUELAS
I. Introduction
II. General Overview of the Reform (Title III)
III. Some Issues of Interest
IV. Final Reflections
18. La Troisième Jeunesse du Code Civil: A German Lawyer Looks at the Reform of French Contract Law
BIRKE HÄCKER
I. Background
II. General Remarks
III. Specific Comments
IV. Conclusion"

Series: Studies of the Oxford Institute of European and Comparative Law

Cover of Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law
Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law
Edited by: Stefan Vogenauer, Christopher Hodges
ISBN 9781841139852
To be published July 2030
Hart Publishing
£50.00
Cover of Default Rules in Private Law
Default Rules in Private Law
Edited by: Birke Häcker, Johannes Ungerer
ISBN 9781509973569
Published January 2027
Hart Publishing
Price on Application
Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
Enrique Barros
ISBN 9781509983315
Published January 2027
Hart Publishing
Price on Application
Cover of Default Rules in Private Law
Default Rules in Private Law
Edited by: Birke Häcker, Johannes Ungerer
ISBN 9781509973521
Published September 2025
Hart Publishing
£100.00
Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective (eBook)
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective (eBook)
Enrique Barros
ISBN 9781509983285
Published August 2025
Hart Publishing
£144.00

Due to a technical issue some ebooks are not available to order.

Cover of The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
The Foundations of Tort Law in the Civilian Tradition: A Comparative Perspective
Enrique Barros
ISBN 9781509983278
Published August 2025
Hart Publishing
£160.00
Cover of Demoicratic Authority: On the Nature and Grounds of the EU's Right to Rule
Demoicratic Authority: On the Nature and Grounds of the EU's Right to Rule
Josef Weinzierl
ISBN 9781509965137
Published July 2025
Hart Publishing
£41.99
Cover of Demoicratic Authority: On the Nature and Ground of the EU’s Right to Rule
Demoicratic Authority: On the Nature and Ground of the EU’s Right to Rule
Josef Weinzierl
ISBN 9781509965045
Published January 2024
Hart Publishing
£90.00
Cover of Demoicratic Authority: Nature and Ground of the EU’s Right to Rule (eBook)
Demoicratic Authority: Nature and Ground of the EU’s Right to Rule (eBook)
Josef Weinzierl
ISBN 9781509965052
Published January 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law
Property and Contract: Comparative Reflections on English Law and Spanish Law
Edited by: John Cartwright, Ángel M López y López
ISBN 9781509954483
Published May 2023
Hart Publishing
£42.99
Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law (eBook)
Property and Contract: Comparative Reflections on English Law and Spanish Law (eBook)
Edited by: John Cartwright, Ángel M. López y López
ISBN 9781509929344
Published November 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of Property and Contract: Comparative Reflections on English Law and Spanish Law
Property and Contract: Comparative Reflections on English Law and Spanish Law
Edited by: John Cartwright, Ángel M. López y López
ISBN 9781509929337
Published November 2021
Hart Publishing
£95.00
Cover of New Economic Constitutionalism in Europe
New Economic Constitutionalism in Europe
George Gerapetritis
ISBN 9781509952113
Published May 2021
Hart Publishing
£49.99
Cover of Discretion in EU Public Procurement Law
Discretion in EU Public Procurement Law
Edited by: Sanja Bogojevic, Xavier Groussot, Jörgen Hettne
ISBN 9781509946136
Published December 2020
Hart Publishing
£44.99
Cover of The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms
Edited by: John Cartwright, Simon Whittaker
ISBN 9781509936557
Published February 2020
Hart Publishing
£69.99
Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
Edited by: Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509935147
Published January 2020
Hart Publishing
£49.99
Cover of General Principles of Law: European and Comparative Perspectives
General Principles of Law: European and Comparative Perspectives
Edited by: Stefan Vogenauer
ISBN 9781509933099
Published October 2019
Hart Publishing
£49.99
Cover of New Economic Constitutionalism in Europe
New Economic Constitutionalism in Europe
George Gerapetritis
ISBN 9781509909629
Published October 2019
Hart Publishing
£110.00
Cover of New Economic Constitutionalism in Europe (eBook)
New Economic Constitutionalism in Europe (eBook)
George Gerapetritis
ISBN 9781509909650
Published October 2019
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of Discretion in EU Public Procurement Law (eBook)
Discretion in EU Public Procurement Law (eBook)
Edited by: Sanja Bogojevic, Xavier Groussot, Jorgen Hettne
ISBN 9781509919499
Published May 2019
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.

Cover of Discretion in EU Public Procurement Law
Discretion in EU Public Procurement Law
Edited by: Sanja Bogojevic, Xavier Groussot, Jorgen Hettne
ISBN 9781509919482
Published May 2019
Hart Publishing
£100.00
Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781509921171
Published April 2018
Hart Publishing
£64.99
Cover of The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms
Edited by: John Cartwright, Simon Whittaker
ISBN 9781509911608
Published October 2017
Hart Publishing
£140.00
Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law (eBook)
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law (eBook)
Edited by:  Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509914296
Published September 2017
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
The Future of Contract Law in Latin America: The Principles of Latin American Contract Law
Edited by:  Rodrigo Momberg, Stefan Vogenauer
ISBN 9781509914272
Published September 2017
Hart Publishing
£130.00
Cover of The Unitary EU Patent System
The Unitary EU Patent System
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781509914173
Published June 2017
Hart Publishing
£32.99
Cover of General Principles of Law: European and Comparative Perspectives (eBook)
General Principles of Law: European and Comparative Perspectives (eBook)
Edited by: Stefan Vogenauer
ISBN 9781509910700
Published June 2017
Hart Publishing
£44.99

Due to a technical issue some ebooks are not available to order.

Cover of General Principles of Law: European and Comparative Perspectives
General Principles of Law: European and Comparative Perspectives
Edited by: Stefan Vogenauer
ISBN 9781509910717
Published June 2017
Hart Publishing
£130.00
Cover of Passing Wealth on Death: Will-Substitutes in Comparative Perspective (eBook)
Passing Wealth on Death: Will-Substitutes in Comparative Perspective (eBook)
Edited by: Alexandra Braun, Anne Rothel
ISBN 9781509907359
Published July 2016
Hart Publishing
£99.00

Due to a technical issue some ebooks are not available to order.

Cover of Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Edited by: Alexandra Braun, Anne Rothel
ISBN 9781849466981
Published July 2016
Hart Publishing
£110.00
Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781849465441
Published January 2016
Hart Publishing
£140.00
Cover of The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (eBook)
The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (eBook)
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781509900367
Published January 2016
Hart Publishing
£58.49

Due to a technical issue some ebooks are not available to order.

Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781509905089
Published December 2015
Hart Publishing
£41.99
Cover of The Unitary EU Patent System
The Unitary EU Patent System
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781849466196
Published February 2015
Hart Publishing
£90.00
Cover of The Unitary EU Patent System (eBook)
The Unitary EU Patent System (eBook)
Edited by: Justine Pila, Christopher Wadlow
ISBN 9781849469401
Published February 2015
Hart Publishing
£29.69

Due to a technical issue some ebooks are not available to order.

Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation (eBook)
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation (eBook)
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781782252573
Published January 2014
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Legal Challenges in the Global Financial Crisis: Bail-Outs, the Euro and Regulation
Edited by: Wolf-Georg Ringe, Peter Huber
ISBN 9781849464390
Published January 2014
Hart Publishing
£100.00
Cover of The Involvement of EU Law in Private Law Relationships
The Involvement of EU Law in Private Law Relationships
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781849463300
Published March 2013
Hart Publishing
£140.00
Cover of The Involvement of EU Law in Private Law Relationships (eBook)
The Involvement of EU Law in Private Law Relationships (eBook)
Edited by: Dorota Leczykiewicz, Stephen Weatherill
ISBN 9781782251057
Published March 2013
Hart Publishing
£126.00

Due to a technical issue some ebooks are not available to order.

Cover of Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK
Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK
Edited by: Katja S Ziegler, Peter Huber
ISBN 9781849461245
Published March 2013
Hart Publishing
£95.00
Cover of Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (eBook)
Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (eBook)
Edited by: Katja S Ziegler, Peter Huber
ISBN 9781782250890
Published March 2013
Hart Publishing
£85.50

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Cover of Protection of Fundamental Rights in the EU After Lisbon (eBook)
Protection of Fundamental Rights in the EU After Lisbon (eBook)
Edited by: Sybe de Vries, Ulf Bernitz, Stephen Weatherill
ISBN 9781782250593
Published January 2013
Hart Publishing
£81.00

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Cover of Protection of Fundamental Rights in the EU After Lisbon
Protection of Fundamental Rights in the EU After Lisbon
Edited by: Sybe de Vries, Ulf Bernitz, Stephen Weatherill
ISBN 9781849464437
Published January 2013
Hart Publishing
£90.00
Cover of Constitutional Pluralism in the European Union and Beyond
Constitutional Pluralism in the European Union and Beyond
Matejand Avbelj, Jan Komarek
ISBN 9781849461252
Published February 2012
Hart Publishing
£150.00
Cover of Constitutional Pluralism in the European Union and Beyond (eBook)
Constitutional Pluralism in the European Union and Beyond (eBook)
Matejand Avbelj, Jan Komarek
ISBN 9781847318923
Published February 2012
Hart Publishing
£135.00

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Cover of Prohibition of Abuse of Law: A New General Principle of EU Law (eBook)
Prohibition of Abuse of Law: A New General Principle of EU Law (eBook)
Edited by: Rita de la Feria, Stefan Vogenauer
ISBN 9781847317858
Published June 2011
Hart Publishing
£153.00

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Cover of Prohibition of Abuse of Law: A New General Principle of EU Law
Prohibition of Abuse of Law: A New General Principle of EU Law
Edited by: Rita de la Feria, Stefan Vogenauer
ISBN 9781841139388
Published June 2011
Hart Publishing
£170.00
Cover of Article 82 EC: Reflections on Its Recent Evolution
Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£100.00
Cover of Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK
Current Issues in European Financial and Insolvency Law: Perspectives from France and the UK
Edited by: Wolf-Georg Ringe, Louise Gullifer, Philippe Thery
ISBN 9781841139357
Published June 2009
Hart Publishing
£100.00
Cover of Reforming the French Law of Obligations (eBook)
Reforming the French Law of Obligations (eBook)
John Cartwright, Stefan Vogenauer, Simon Whittaker
ISBN 9781847317216
Published April 2009
Hart Publishing
£180.00

Due to a technical issue some ebooks are not available to order.

Cover of Reforming the French Law of Obligations
Reforming the French Law of Obligations
John Cartwright, Stefan Vogenauer, Simon Whittaker
ISBN 9781841138053
Published April 2009
Hart Publishing
£200.00
Cover of Performance-Oriented Remedies in European Sale of Goods Law
Performance-Oriented Remedies in European Sale of Goods Law
Vanessa Mak
ISBN 9781841138930
Published January 2009
Hart Publishing
£100.00
Cover of The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe
The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe
Christopher Hodges
ISBN 9781841139029
Published October 2008
Hart Publishing
£100.00
Cover of Forum Shopping in the European Judicial Area
Forum Shopping in the European Judicial Area
Edited by: Pascal de Vareilles-Sommières
ISBN 9781841137834
Published December 2007
Hart Publishing
£100.00
Cover of Better Regulation
Better Regulation
Edited by: Stephen Weatherill
ISBN 9781841137155
Published June 2007
Hart Publishing
£100.00
Cover of Constitutionalism and the Role of Parliaments
Constitutionalism and the Role of Parliaments
Edited by: Katja S. Ziegler, Denis Baranger, Anthony W. Bradley
ISBN 9781841136431
Published June 2007
Hart Publishing
£95.00
Cover of Human Rights and Private Law: Privacy as Autonomy
Human Rights and Private Law: Privacy as Autonomy
Edited by: Katja S Ziegler
ISBN 9781841137148
Published April 2007
Hart Publishing
£85.00
Cover of Human Rights and Private Law: Privacy as Autonomy (eBook)
Human Rights and Private Law: Privacy as Autonomy (eBook)
Edited by: Katja S Ziegler
ISBN 9781847317025
Published April 2007
Hart Publishing
£76.50

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Cover of The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques
The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques
Edited by: Stephen Weatherill, Ulf Bernitz
ISBN 9781841136998
Published February 2007
Hart Publishing
£100.00
Cover of The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice
The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice
Edited by: Stefan Vogenauer, Stephen Weatherill
ISBN 9781841135915
Published March 2006
Hart Publishing
£110.00
Cover of The Public Law/Private Law Divide: <i>Une entente assez cordiale?</i>
The Public Law/Private Law Divide: Une entente assez cordiale?
Edited by: Mark Freedland, Jean-Bernard Auby
ISBN 9781841136356
Published March 2006
Hart Publishing
£90.00