The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship

Pedamon, C. 2018. The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship. in: Heidemann, M. and Lee, J. (ed.) The Future of the Commercial Contract in Scholarship and Law Reform: European and Comparative Perspectives Springer.

Chapter titleThe New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship
AuthorsPedamon, C.
EditorsHeidemann, M. and Lee, J.
Abstract

This chapter considers the impact on commercial law of the new French Contract Law enacted in the Ordonnance No 2016-131 of 10 February 2016 through the lens of three major (and relatively innovative) provisions—good faith, unfair contract terms and hardship (imprévision). As ‘common’ law of contract, the revised French Civil Code provisions apply to all contracts, whatever their classification, be they civil or commercial; inevitably they can complement or clash with those in the Commercial Code.

After introducing the genesis and objectives of the French reform of contract law, the chapter analyses the commercial impact of the provisions relating to good faith, unfair contract terms and hardship successively. The author shows that commercial parties have an ever-greater incentive to draft clear terms in their contract if they want to steer away from the application of the new common law of contract and increased judicial oversight.

KeywordsFrench Law, Contract Law, Commercial Law, Good Faith, Unfair Contract Terms, Hardship
Book titleThe Future of the Commercial Contract in Scholarship and Law Reform: European and Comparative Perspectives
Year2018
PublisherSpringer
ISBN9783319959689

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