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French Contract Law

Code Cours
2223-FDP-LAW-EN-T009
  1. Accueil
  2. Cours
  3. French Contract Law
Établissement
Faculté de Droit
Langue d'enseignement
FR, EN
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
MICHAEL LAREF
Période
Année 1

Présentation

Prérequis

None

Objectifs

In the French legal system, contract law is the foundation for the comprehension of other fields of law, which often turn to its provisions to resolve complex legal issues that arise in business practice. For this reason, contract law is generally taught in the second year of studies, with the purpose of familiarizing students as soon as possible with legal terms such as “obligation”, “contract”, “liability”, which will be approached from different angles throughout their university education. At international level, the contract remains the most important legal instrument for international transactions and understanding the functioning of contracts in various legal systems is substantial in the globalized world. The teaching of a course on French Contract Law in English allows the students to improve their formation in contract law in the language used in international business and to deepen their knowledge in the particularities of French Contract Law by using the comparative method with other legal systems and sources of International Law (Common Law, EU law, legislation of other European countries). References to the rules of law of other states, especially to the ones subject to Common Law, give students the chance to identify similarities and differences in the making and the performance of contracts and develop an international culture in the field. Based on interactive lectures of two hours per week and on material support shared online every week, students are encouraged to think, compare and understand profoundly the contractual techniques and methods. The objective of this course is to provide students with a critical qualification and ability to express themselves in English on sophisticated issues of French Contract Law. The recent reform of the French Civil Law in 2016 which has as purpose to render French Contract Law more attractive to international transactions offers an excellent opportunity for profound and comparative thought on fundamental concepts of Contract Law utilized by most of the legal systems all around the globe.


Présentation

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GENERAL INTRODUCTION TO CIVIL LAW: Characteristics of French Civil Law


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  1. Primacy of legislation

  2. Character of the codes

  3. Authority of case law

  4. The doctrine

  5. The influence of international law

  6. The divisions of French law


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INTRODUCTION TO FRENCH CONTRACT LAW


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CHAPTER 1: Approach of the contractual relation in French contract law


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Section I: Distinction between personal rights and rights in rem



Section II: Definition of obligation


Section III: Status in Law of the obligation


Section IV: Kinds of obligations


A/ Obligations to convey, obligations to do or not to do


B/ Divisible and indivisible obligations


C/ Best efforts obligations and obligations to achieve a result


D/ Monetary obligations and obligations in kind


E/ Obligations with several liability, joint and several obligations and obligations in solidum


F/ Cumulative and alternative obligations


G/ Obligations under terms or conditions


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Section V: Concept of contract


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CHAPTER 2: The nature of contractual relationship


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Section Ι: The contract as a legal act


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A/ The principle of the autonomy of the will


§1. Aspects during the formation of the contract


1. Substantial effects: freedom of contract, supremacy of the will


2. Formal effects: The principle of the informal character of the contracts (consensualisme)


§2. Aspects during the performance of the contract


B/ Restrictions to the autonomy of the will


§1. During the formation of the contract



  1. Decline of freedom of contract

  2. Strengthening of formal requirements


§2. During the performance of the contract



  1. Judicial intervention in the content of the contract

  2. Legislative intervention in the content of the contract


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Section ΙΙ: The contract as source of obligations: typology



A/ Traditional classifications of contracts


§1. Bilateral (or synallagmatic) and unilateral contracts


§2. Onerous and gratuitous contracts


§3. Commutative and aleatory contracts


§4. Contracts with or without a specific denomination (sui generis)


B/ Modern classifications of contracts


§1. According to their mode of formation



  1. Consensual contracts and formal contracts

  2. Mutually negotiated contracts and adhesion contracts

  3. Framework contracts and implementing contracts


§2. According to their mode of performance



  1. Instantaneous contracts

  2. Contracts with duration



  • Contracts with indefinite period

  • Fixed term contracts


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PART I: THE FORMATION OF THE CONTRACT


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CHAPTER 1: Conditions of formation of the contract


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Section 1: Essential elements of the contract


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Α/ Substantial elements


§1. Consent of the parties



  1. Existence of the consent

  2. Expression of the consent and agency

  3. Integrity and defects of the consent


a)Â Â Â Error or mistake (erreur)


b)Â Â Deception or fraud (dol)


c)Â Â Â Duress (violence)


§2. Capacity to perform legal acts


§3. The content of the contract: A new concept replacing the object and the cause of the obligation


§4. The concept of consideration in Common Law


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Î’/Â Formal elements


§1. The form as a condition of validity of the contract


§2. The form as an evidence of the contract


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Sectio

Modalités

Modalités d'enseignement

Interactive major course

Case studies

Debates

Coaching

Évaluation

Ressources