Overcoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts

Pedamon, Catherine 2022. Overcoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts. PhD thesis University of Westminster School of Law https://doi.org/10.34737/w13z3

TitleOvercoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts
TypePhD thesis
AuthorsPedamon, Catherine
Abstract

The works presented for the PhD by publication are all connected in the way they engage in a functionally comparative study of the English and French law responses to common problems pertaining to contractual performance and contractual interpretation. My comparative inquiry demonstrates that both France and England have stayed true to their historic responses in times of peace and crisis confirming different mentalités juridiques. As neither England nor France offers ideal solution, parties may be better off finding a resolution to their disputes beyond the legal realm and respond to calls for collaboration. This nevertheless shows persisting differences in Anglo-French approaches.
This thesis however argues that these divergences may nevertheless lead to common results through the lens of a taxonomy of commercial contracts – professionally drafted contracts may lead to converging results given the common application and interpretation of frequently used clauses beyond a domestic legal culture; by contrast, rudimentary contracts produce diverging results as the interpretation of these agreements is marked by a distinctive domestic socio-legal culture. This taxonomy has the potential to improve the predictability of outcomes in commercial disputes in England and France.

Year2022
File
File Access Level
Open (open metadata and files)
PublisherUniversity of Westminster
Publication dates
Published08 Dec 2022
Digital Object Identifier (DOI)https://doi.org/10.34737/w13z3
Web address (URL)https://westminsterresearch.westminster.ac.uk/portfolio/w13z4/publications-for-the-phd-by-published-work-overcoming-divergence-in-english-and-french-contract-law-a-common-taxonomy-of-commercial-contracts

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Publications for the PhD by Published Work "Overcoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts"
Pedamon, C. 2022. Publications for the PhD by Published Work "Overcoming Divergence in English and French Contract Law: A Common Taxonomy of Commercial Contracts". University of Westminster.

Contractual Performance in Covid-19 Times: Does Anglo-French Legal History Repeat Itself?
Pedamon, C. and Vassileva, R. 2021. Contractual Performance in Covid-19 Times: Does Anglo-French Legal History Repeat Itself? European Review of Private Law. 29 (1), pp. 3-38.

Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective
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The paradoxes of the theory of imprévision in the new French law of contract: a judicial deterrent?
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The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views
Pedamon, C. and Vassileva, R. 2019. The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views. Journal of Comparative Law . 14 (1), pp. 1-25 No 1 (2019).

The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship
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Theory of Fraud in French Law - Fraus omnia corrumpit - old law, new opportunities?
Pedamon, C. 2015. Theory of Fraud in French Law - Fraus omnia corrumpit - old law, new opportunities? in: Research Handbook on International Financial Crimes Cheltenham Edward Elgar. pp. 338-355

Hardship in transnational commercial contracts: a critique of legal, judicial and contractual remedies
Pedamon, C. and Chuah, J. 2013. Hardship in transnational commercial contracts: a critique of legal, judicial and contractual remedies. Paris Legal Publishers.

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Pedamon, C. 2010. How is Convergence Best Achieved in International Project Finance? Fordham International Law Journal. 24 1272.

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Explore this phd thesis

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.

The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views
Pedamon, C. and Vassileva, R. 2019. The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views. Journal of Comparative Law . 14 (1), pp. 1-25 No 1 (2019).

The paradoxes of the theory of imprévision in the new French law of contract: a judicial deterrent?
Pedamon, C. 2019. The paradoxes of the theory of imprévision in the new French law of contract: a judicial deterrent? Amicus Curiae. (112), pp. 10-17.

Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective
Pedamon, C. 2021. Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective . European Business Law Review. 36 (6), p. 1093 – 1124.

Contractual Performance in Covid-19 Times: Does Anglo-French Legal History Repeat Itself?
Pedamon, C. and Vassileva, R. 2021. Contractual Performance in Covid-19 Times: Does Anglo-French Legal History Repeat Itself? European Review of Private Law. 29 (1), pp. 3-38.

Hardship in transnational commercial contracts: a critique of legal, judicial and contractual remedies
Pedamon, C. and Chuah, J. 2013. Hardship in transnational commercial contracts: a critique of legal, judicial and contractual remedies. Paris Legal Publishers.

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