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Informationen zum Autor John Cartwright is Emeritus Professor of the Law of Contract at the University of Oxford, UK. Simon Whittaker is Professor of European Comparative Law and a Fellow of St John's College, Oxford. Zusammenfassung The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience. Inhaltsverzeichnis 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 ANCELI. 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 WHITTAKERI. 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-GREENI. Precontractual Negotiations: Freedom and Good Faith II. Offer and Acceptance III. Pre-contractsIV. Conclusion 5. Validity of Contract: Dol , Erreur and Obligation d’Information CAROLE AUBERT DE VINCELLESI. Precontractual Information Obligations II. The Defects in Consent 6. Violence in the Reformed Napoleonic Code: the Surprising Survival of Third Parties CIARA KENNEFICKI. 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 AYNÈSI. 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-MUNCKI. 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 PÉRÈSI. 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-COSSONI. 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 HELLERINGERI. Introduction II. The New Provisions of the Code CivilIII. Critical Appraisal 12. The Effects of Contracts and Third Parties JEAN-SÉBASTIEN BORGHETTII. 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 LAITHIERI. 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 GENICONI. Introduction II. Considerations Common to Articles 1219 a...
