The French legal system is based entirely on written civil law. Codification is a proud feature of the French legal system (Senat Rapport législatif sur les codes). Throughout the translation we follow the convention of English statutory drafting and use the masculine singular personal and possessive pronoun (which are to be read as referring equally to the feminine or neuter) rather than using “he/she”, “his/her” etc., or some form of circumlocution.3Here, ‘solemn’ refers to a particular class of contracts where formality is required, ‘les contrats solennels’: see below, arts 1172 – 1173.4‘Bespoke contract’ translates ‘contrat de gré à gré’, which has the sense of a contract in which the parties come together in an amicable agreement. French codes have shelf marks in the range from KV1124 to KV1132. As art.1354, below makes clear a ‘simple’ presumption is one which may be rebutted by proof to the contrary. Where a representative abuses his authority to the detriment of the person whom he represents, the latter may invoke the nullity of any act concluded if the third party was aware of the abuse of authority or could not have been unaware of it. Each journal publishes its own yearly finding aides. protected adults within the meaning of article 425. 1127-1. There are about 78 legal codes in France currently in force, which deal with both the French public and private law categorically. A person who claims performance of an obligation must prove it. Final articles will deal with any particular commencement details. above, n. 9. In case of ambiguity, a bespoke contract is interpreted against the creditor and in favour of the debtor, and a standard-form contract is interpreted against the person who put it forward. Contains the Constitution, laws and decrees, codes, legal bulletins and current news. This translates ‘Effet translatif’, which refers to a contract’s effect of transferring property in a thing and this is the sense in which ‘proprietary effect’ should be understood. It is used by the Code civil, inter alia, in the context of a minor’s property (e.g. 1There is a difficulty in translating ‘le fait’ as sometimes it refers to a person’s action and sometimes more broadly to fact. This old law was apparently introduced at the request of … Such practices are then likely to be subject to compensation for damages on the basis of the general provisions on extra-contractual liability of the French Civil Code (Art. The Napoleonic Code is a revised version of the Roman law or Civil Law, which predominated in Europe, with numerous French modifications, some of which were based on the Germanic law that had been in effect in northern France. Illegal to kiss whilst train is at the platform. ‘His patrimonial rights and actions’ translates ‘ses droits et actions à caractère patrimonial’. For your first use of this database, please make sure you are on the OU network (or using VPN on your own computer). C. pr. We translate ‘se porter fort’ as ‘to stand surety’, there being no exact equivalent in the common law; we translate ‘le cautionnement’ as ‘a guarantee’ and ‘la caution’ as ‘a guarantor’: see, e.g., arts 1335, 1350-2 and 1347-6. quasi-presidential system in which a president is elected every 5 years. The principal codes have these abbreviations: New civil procedure code Nouv. 1. as regards acts made by minors, from the day of achieving majority or of emancipation; as regards acts made by a protected adult, from the day when he becomes aware of them, provided that he was in a position to remake the acts validly; as regards the heirs of a person subject to guardianship (whether as a minor or an adult) or of a person subject to an order empowering their family to act on their behalf,12 from the day of the death, unless it has started to run before that time. An act made by a representative without authority or beyond his authority cannot be set up against. CSC: Commission supérieure de codification: Rapports annuels from 2006 are available via Legifrance. 8Arts 1125 to 1127-6 implement Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) arts 9–11. In particular, construction law is contained in the French Civil Code and the Housing and Construction Code. A person may make a stipulation for another person. In contractual matters, there is force majeure where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects could not be avoided by appropriate measures, prevents performance of his obligation by the debtor. If the prevention is temporary, performance of the obligation is suspended unless the delay which results justifies termination of the contract. Licensed under a Creative Commons Attribution 4.0 International Licence, For quick links to Codes and JO on this site see links below, Open Access. It is not easy for a foreigner to understand French law, so it is recommended that international laws be used or an arbitration system be called upon. He may not set up defences which are personal to the other debtors, such as the grant of a deferral. arts 1369–1371 (on authenticated instruments) and 1372–1377 (on signed instruments). There are 2 streams of law courts: 1) The civil & criminal courts - Juridictions judiciaires/Ordre judiciaire The joint and several nature of an obligation amongst debtors imposes on each of them an obligation for the whole of the debt. A person who presents himself as producer by attaching to the product his name, trademark or other distinguishing feature; A person who imports a product into the European Community with the view to sale, hire (with or without an agreement to sell), or any other form of distribution. 3). Throughout the translation we follow the convention of English statutory drafting and use the masculine singular personal and possessive pronoun (which are to be read as referring equally to the feminine or neuter) rather than using “he/she”, “his/her” etc., or some form of circumlocution. Voluntary performance of a contract in the knowledge of a ground of nullity is equivalent to affirmation. 5‘Standard form contract’ translates contrat d’adhésion, more literally ‘a contract to which one adheres’ and whose conclusion therefore involves no or little choice.6 ‘Act of performance’ translates prestation in all cases except in the composite phrase ‘prestation de services’, which is translated as ‘supply of services’. La résolution is used in the Code civil as promulgated in 1804 to denote the retroactive termination of a contract, coupled with (in principle) restitution and counter-restitution: this follows from the significance of its definition and use of la condition résolutoire: see arts 1183–1184 C.civ. A contracting party, the assignor, may assign his status as party to the contract to a third party, the assignee, with the agreement of his own contractual partner, the person subject to assignment. ‘Gross or dishonest fault’ translates ‘une faute lourde ou dolosive’. General note. French Code in Europe Influence of the French Code de Procédure Civile (1806) in 19th Century Europe Introduction The number of European jurisdictions where Napoleon’s Code de procédure civile (1806) left its mark, either directly or indirectly, is vast. 1229 al. marriage: the right for same-sex couples to marry has been recognised in France since May 2013, and is governed by sections 74, 202-1 and 202-2 of the Civil Code. France is a signatory to the Vienna Convention on international contracts. Lois are usually made up of a number articles, sometimes in turn subdivided into indented paragraphs called. ‘Bespoke contract’ translates ‘contrat de gré à gré’, which has the sense of a contract in which the parties come together in an amicable agreement. Where it is made by testament, it takes effect from the moment of the testator’s death. This is standard practice. https://visit.bodleian.ox.ac.uk/accessibility, Google Analytics - Bodleian Libraries use Google Analytics cookies on this web site. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. 1242. However, the appraisal can be challenged before the court by the opposing party if the appraisal was not carried out contradictorily. This translates ‘agissant à titre professionnel’: cf. art. Satisfaction made in favour of one, who must account to the others, discharges the debtor as regards them all. It cannot be set up against third parties, though the latter may rely on it. They also heavily influenced world laws in the 19th century. 21Here, we have followed closely the language in the French, which itself evokes its own Romanist background. Here ‘employers’ translates ‘les commettants’ and ‘employees’ translates ‘[les] préposés’ on which see above, n. 11. art. It is used by the Code civil, inter alia, in the context of a minor’s property (e.g. Revocation may be effected only by the stipulator, or, after his death, by his heirs. The legal working week for employees in France is 35 hours. It may be express or implied. Cf. civ. 31‘The Caisse des Dépôts et Consignations is a special institution charged with the administration of deposits and consignments, the provision of services relating to the funds whose management has been entrusted to it, and the exercise of other functions of the same nature which are lawfully delegated to it’: art. art. Foreign lawyers, however, whether practising in France or not, should be guaranteed the same attorney-client privilege as French lawyers (Da Silveira v France… 1245-10 as ‘The producer is liable strictly unless he proves’ one of the defences then set out would suggest that the defence changes the basis of liability (which is, of course, not the case).28We have translated ‘cédant’ as ‘original debtor’ as the context appears to so demand.29‘His patrimonial rights and actions’ translates ‘ses droits et actions à caractère patrimonial’. In the case of duress, affirmation can take place only after the duress has ceased. We have therefore translated it differently according to context. The costs of satisfaction must be borne by the debtor. See also note 10 to art. Where a representative acts within his authority and in the name and on behalf of the person whom he represents, only the latter is bound to the undertaking so contracted. See further arts 1173, 1201, 1305-5, 1323, 1324, 1333, 1341-2, 1341-2, and 1346-5.14La résolution is used in the Code civil as promulgated in 1804 to denote the retroactive termination of a contract, coupled with (in principle) restitution and counter-restitution: this follows from the significance of its definition and use of la condition résolutoire: see arts 1183–1184 C.civ. ‘prestation de services’ is the one phrase where we do not translate ‘prestation’ as ‘act of performance’, but as ‘supply’ of services. Revocation is effective as soon as the third party beneficiary or the promisor becomes aware of it. The Commission supérieure de codification was set up in 1989 to carry on the task of codification, with the goals of keeping the law clear and easy to understand. 1156, may not) rely on a contract or other juridical act against another person. Where the obligation is joint and several amongst creditors each of them may require and receive satisfaction of the right in full. International laws are generally accepted in contracts drawn up with French companies. Legislation has not been neglected by commercial publishers, and the LawBod has three serials which include the text of legislation: Sirey ... lois annotées / Recueil Sirey This agreement may be given in advance, notably in a contract concluded between the future assignor and person subject to assignment, in which case assignment takes effect as regards the person subject to assignment when the contract concluded between the assignor and the assignee is notified to him or when he acknowledges it. nation and punishable under title I of Book IV, to forgery and counterfeiting of State seals, of coins serving as legal tender, banknotes or public papers punishable under Articles 442-1, 442-2, 442-15, 443-1 and 444-1, and to any felony or misdemeanour against French diplomatic or consular agents or premises committed outside the territory of the 27This translates ‘de plein droit’. The stipulation becomes irrevocable at the moment when the acceptance reaches the stipulator or the promisor. Then comes the crucial ", The body of the act. Acceptance may come from the beneficiary or, after his death, his heirs. All the terms of a contract are to be interpreted in relation to each other, giving to each the meaning which respects the consistency of the contract as a whole. Here, ‘solemn’ refers to a particular class of contracts where formality is required, ‘les contrats solennels’: see below, arts 1172 – 1173. législation / Dalloz-Sirey Législation. Criminal Code of the French Republic (as of 2005) (English version) Criminal Procedure Code of the French Republic (as of 2006) (English version) Criminal Procedure Code of the French Republic (amended January 2020) (French version) Criminal Code of … Where the assignor is discharged, securities agreed by third parties remain in place only with the latter’s agreement. See further arts 1173, 1201, 1305-5, 1323, 1324, 1333, 1341-2, 1341-2, and 1346-5. We have translated ‘opposabilité’ and its cognate terms by ‘set up against’. We therefore use the neutral word ‘termination’ for la résolution and ‘resiling from a contract’ for ‘la résiliation’. Cf. Where, according to the common intention of the parties, several contracts contribute to one and the same operation, they are to be interpreted by reference to this operation. If the prevention is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided by articles 1351 and 1351-1. 7The ‘general law’ (translating ‘le droit commun’) refers here to the general law of extra-contractual liability for fault under arts 1240 – 1241, below, except where the parties made contractual arrangements during negotiations. If it is not accompanied with the designation of a new beneficiary, the revocation benefits the stipulator or his heirs, as the case may be. It may take place even after the death of the promisee or the promisor. Trans-Lex Principle: I.1.1 - Good faith and fair dealing in international trade, Trans-Lex Principle: II.1 - Prerequisites and effects of agency, Trans-Lex Principle: II.3 - Agent acting without or outside his authority, Trans-Lex Principle: II.4 - Agency by estoppel / apparent authority, Trans-Lex Principle: III.3 - Transfer of contract, Trans-Lex Principle: IV.1.1 - Freedom of contract, Trans-Lex Principle: IV.1.2 - Sanctity of contracts, Trans-Lex Principle: IV.2.1 - Contractual consent, Trans-Lex Principle: IV.2.2 - Silence by offeree, Trans-Lex Principle: IV.2.4 - Lapse of an offer, Trans-Lex Principle: IV.2.6 - Modified Acceptance, Trans-Lex Principle: IV.5.1 - Intentions of the parties, Trans-Lex Principle: IV.5.3 - Interpretation in favor of effectiveness of contract, Trans-Lex Principle: IV.5.4 - Interpretation against the party that supplied the term, Trans-Lex Principle: IV.5.2 - Context-oriented interpretation, Trans-Lex Principle: IV.6.1 - Express and implied obligations, Trans-Lex Principle: IV.6.4 - No contract to detriment of third party, Trans-Lex Principle: IV.6.7 - Duty to renegotiate, Trans-Lex Principle: IV.6.10 - Conditions, Trans-Lex Principle: IV.6.11 - Plurality of debtors, Trans-Lex Principle: IV.6.12 - Plurality of creditors, Trans-Lex Principle: IV.6.13 - Duty of confidentiality, Trans-Lex Principle: IV.6.14 - Third party rights, Trans-Lex Principle: IV.8.1 - Principle of pre-contractual liability, Trans-Lex Principle: V.1.1 - Place of performance, Trans-Lex Principle: V.1.2 - Time of performance, Trans-Lex Principle: V.1.5 - Costs of performance, Trans-Lex Principle: V.1.4 - Principle of simultaneous performance; right to withhold performance, Trans-Lex Principle: VI.1 - Termination of contract in case of fundamental non-performance, Trans-Lex Principle: VI.3 - Force majeure, Trans-Lex Principle: VII.1 - Damages in case of non-performance, Trans-Lex Principle: VII.2 - Principle of foreseeability of loss, Trans-Lex Principle: V.2.1 - Payment in currency of place of payment, Trans-Lex Principle: IX.6 - No restitution in case of knowledge of illegality of performance, Trans-Lex Principle: XII.1 - Distribution of burden of proof. Here ‘an office held by a professional who thereby enjoys public service powers’ translates in an explanatory way ‘un office ministériel’. Other types of law, such as employment law or environmental law, may apply depending on the use of the building to be erected. Click on the Se connecter link near top right corner. That is the collection and systematic arrangement, usually by subject, of the laws of a state or country, or the statutory provisions, rules, and regulations that govern a specific area or subject of law or practice. This resulted in production of the five "Napoleonic Codes" : the Civil Code & the Code of Civil Procedure, the Criminal Code & the Code of Criminal Procedure, and the Commercial Code. It is not easy for a foreigner to understand French law, so it is recommended that international laws be used or an arbitration system be called upon. Here, we have followed closely the language in the French, which itself evokes its own Romanist background. 26This translates ‘agissant à titre professionnel’: cf. that he had not put the product into circulation; that, having regard to the circumstances, there is good reason to think that the defect causing the harm did not exist at the time when the product was put into circulation by him or that the defect arose afterwards; that the product was not intended for sale or any other form of distribution; that the state of scientific and technical knowledge at the time when he put the product into circulation did not allow discovery of the existence of the defect; or that the defect is due to compliance of the product with mandatory legislative or administrative rules. There is no equivalent to the short title of English acts. http://www.textes.justice.gouv.fr/art_pix/THE-LAW-OF-CONTRACT-2-5-16.pdf, https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070721&dateTexte=20080225#/, THE LAW OF CONTRACT, THE GENERAL REGIME OF OBLIGATIONS,AND PROOF OF OBLIGATIONSThe new provisions of the Code civil created byOrdonnance n° 2016-131 of 10 February 2016translated into English, CODE CIVIL TITLE IIITHE SOURCES OF OBLIGATIONS, SUB-TITLE ICONTRACTCHAPTER IINTRODUCTORY PROVISIONS, SECTION IConclusion of ContractsSub-section 1Negotiations, Sub-section 3Pre-emption Agreements and Unilateral Promises, Sub-section 4Special Provisions Governing Contracts made by Electronic Means8, Sub-section 2Special provisions governing contracts concluded by electronic means, SECTION 1The Effects of Contracts between the PartiesSub-section 1Binding Effect, SECTION 2The Effects of Contracts as regards Third PartiesSub-section 1General Provisions, Sub-section 2Standing Surety and Stipulations for Third Parties, Sub-section 2Enforced Performance in Kind, Sub-section 5Reparation of loss resulting from non-performance of the contract, SUB-TITLE IIEXTRA-CONTRACTUAL LIABILITYCHAPTER IEXTRA-CONTRACTUAL LIABILITY IN GENERAL, CHAPTER IILIABILITY FOR DEFECTIVE PRODUCTS, SUB-TITLE IIIOTHER SOURCES OF OBLIGATIONS, TITLE IVTHE GENERAL REGIME OF OBLIGATIONS, SECTION 3Plural ObligationsSub-section 1Plurality of Subject-matters, Paragraph 1 – Joint and Several Obligations, Paragraph 2 – Obligations whose Acts of Performance are Indivisible, CHAPTER IITRANSACTIONS RELATING TO OBLIGATIONS, SECTION 1Assignment of Rights arising from Obligations, CHAPTER IIIACTIONS AVAILABLE TO CREDITORS, SECTION 1SatisfactionSub-section 1General Provisions, Sub-section 2Particular Provisions Relating to Monetary Obligations, Sub-section 4Satisfaction with Subrogation, SECTION 2Set-OffSub-section 1General Rules, CHAPTER IIADMISSIBILITY OF KINDS OF PROOF, SECTION 1Proof by Written EvidenceSub-section 1General Provisions, Sub-section 2Oath required by a Court of its own Initiative. The Lex Mercatoria (Old and New) and the TransLex-Principles. The official text of French statutes is that as published in the Journal Officiel - Lois et Décrets. The different steps that must be followed to conclude the contract by electronic means; The technical means by which the person to whom the offer is addressed, before the conclusion of the contract, may identify any errors in the data entry, and correct them; The languages offered for the conclusion of the contract, which must include the French language; Where appropriate, the ways in which the party issuing the offer is to file it, and the conditions for access to the filed contract; The means of consulting electronically any business, professional or commercial rules to which the party issuing the offer intends (as the case may be) to be bound. Legifrance is part of Service-public.fr - the French civil service's official gateway. 33This provision concerns various aspects of la comparution personnelle, which is a procedural mechanism for the collection of evidence available to a court and consists of the court putting questions orally to a party: see arts 184–194 Code de la procédure civile. Accessibility Statement - Satisfaction by one of them discharges them all as regards the creditor. While we have translated ‘faute dolosive’ as ‘dishonest fault’, dishonesty for this purpose must be understood in a broad way so as to include situations treated as bad faith in the debtor, notably, where the non-performance is deliberate.25Here ‘employers’ translates ‘les commettants’ and ‘employees’ translates ‘[les] préposés’ on which see above, n. 11. Subsequent visits will simply require your filling your college email again, and possibly accepting terms & conditions. The creditor may require satisfaction from any joint and several debtor he may choose. 1156, may not) rely on a contract or other juridical act against another person. The French uses “she” (elle) in this context because of the reference to la partie. A creditor who receives satisfaction from one of two or more joint and several debtors and consents to his release, retains his right arising from the obligation against the others, but after deduction of the share of the debtor whom he has discharged. wherever they formally acknowledge receipt of payment; where they contain express mention that the writing has been made in order to remedy the defect in documentary evidence for whose benefit they refer to an obligation. We have translated ‘cédant’ as ‘original debtor’ as the context appears to so demand. You can opt out of Google Analytics cookies completely (from all websites) by visiting https://tools.google.com/dlpage/gaoptout, © Bodleian Libraries 2021. Le patrimoine consists of the totality of a person’s property, rights and obligations. Since then, more codes have been drafted: by the end of the 20th century there were over 40. The latter may do so only after a period of three months has elapsed from the date when they put the third party on notice to accept the benefit of the promise. – A threat of legal action does not constitute duress, ... – Payment in France of a monetary obligation must be made in Euros. A contract is to be interpreted according to the common intention of the parties rather than stopping at the literal meaning of its terms. The last (Formerly JurisClasseur) French law (legislation, case law, commentary & journals) & EU materials in French from LexisNexis. An action brought against one of the joint and several debtors does not. 1242. signed acts relating to family law or the law of succession; signed acts relating to personal or real security, whether made under civil or commercial law, unless they are entered into by a person for the purposes of his business or profession. arts 1369–1371 (on authenticated instruments) and 1372–1377 (on signed instruments). Enacting formula. refuse to perform or suspend performance of his own obligations; seek enforced performance in kind of the undertaking; provoke the termination22 of the contract; claim reparation of the consequences of non-performance. Every payment presupposes a debt; something which is received without being due is subject to restitution. 1), but the effect of this may be retroactive or may instead be prospective, where it is termed ‘la résiliation’ (art. The ‘general law’ (translating ‘le droit commun’) refers here to the general law of extra-contractual liability for fault under arts 1240 – 1241, below, except where the parties made contractual arrangements during negotiations. In English discussions, the ‘stipulator’ would often be termed the ‘promisee’. However, this right ceases in the situation where the creditor, as a result of payment, has cancelled his instrument of title or has released any security guaranteeing the right arising from the obligation. ‘[A] person subject to an order empowering their family to act on their behalf’ translates in an explanatory way ‘la personne faisant l’objet d’une habilitation familiale.’ On this habilitation familiale see arts 494-4 et seq of the Civil Code as inserted by Ordonnance n° 2015-1288 of 15 October 2015 concerning the simplification and modernisation of family law. Apart from the situation of management of another’s affairs and undue payment, a person who benefits from an unjustified enrichment to the detriment of another person must indemnify the person who is thereby made the poorer to an amount equal to the lesser of the two values of the enrichment and the impoverishment. We translate ‘créancier’ generally as ‘creditor’ and ‘débiteur’ generally as ‘debtor’, following the French usage of these terms to denote the party with (respectively) the right and the duty under an obligation, without limiting such references to money obligations, as in the common usage of these terms in English law. 1242) translates ‘préposé.’ While this includes a person who works for another under a contract of employment (‘contrat de travail’), it is wider and extends to other situations where there is a ‘relationship of subordination’. France is said to have a codified law system. The sense of the French term is that a person may (or, as in art. 1229 al. A person who receives by mistake or knowingly something which is not owed to him must restore it to the person from whom he unduly received it. 1569).30 As art.1354, below makes clear a ‘simple’ presumption is one which may be rebutted by proof to the contrary. While we have translated ‘faute dolosive’ as ‘dishonest fault’, dishonesty for this purpose must be understood in a broad way so as to include situations treated as bad faith in the debtor, notably, where the non-performance is deliberate. France is a signatory to the Vienna Convention on international contracts. or N.C.P.C. If the person subject to assignment has expressly consented to it, assignment of contract discharges the assignor for the future. The French legal system is part of the civil law tradition. The third party may be a future person but must be exactly identified or must be able to be determined at the time of the performance of the promise.
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