Legal watch (Comparative Law, Civil Law): The French reform of contract law, obligations’ general rules and evidence

7 October 2016

Legal Watch in Civil Law - Comparative Law

Presentation by Laurent MICOL on “The key contributions of the French Ordinance No. 2016-131 of 10 February 2016”

• Amendments to the part of the Civil Code relating to contract law
• Revision of the layout of Book III of the Civil Code, in order to make a clear distinction between the rules governing obligations in general and those governing contracts in particular.
• Making exchanges between economic players more secure
• Avoid systematic recourse to litigation
• Introduction of legal provisions on the contract process
• Introduction of legal provisions on the form of the contract
• Abandonment of the notion of cause
• Taking account of new technologies: reinforcing the principle that a copy on an electronic medium has the same evidential value as the original
• Establishment of the notion of good faith at all stages of the life of the contract
• Nullity of the contract for abuse of dependence by one party
• Incorporation of a system to prevent unfair terms in contracts of adhesion
• Creation of a title devoted to the law of proof of obligations, separate from contract law: admissibility of methods of proof, different methods of proof, etc.