A Partial Reform of the French Civil Code

Jurisprudence 4/2018 Section: Articles Page: 3–11

Keywords: Code civil, reform, history, contractual law, , legal transaction, legal facts, evidence, good manners, good faith, culpa in contrahendo, agency, public order, error, extra-contractual obligations

Abstract: A concise analytical overview of fundamental changes to the French Civil Code accomplished by an ordonnance of the French President. The aim of the reform is the modernization, transparency and improvement of old-fashioned, non-functioning rules of the more than 200-year-old code. Outdated provisions were partially substituted by new rules, existing case law was codified to some extent, and a certain part of the current regulation was incorporated in the new wording. Some traditional legal institutes disappeared, such as the cause as a prerequisite of the validity of a contract, or the principle of good manners. Among novelties, the culpa in contrahendo and the regulation of error are worth mentioning. At present, the second part of the reform is awaited that should amend delict and quasidelict law.

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