Reforming the French Law of Obligations: Comparative Reflections on the Avant-projet de reforme du droit des obligations et de l

Description

The 2005 Avant-projet de reforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

John Cartwright is Professor of the Law of Contract, University of Oxford, Tutor in Law, Christ Church, Oxford, and a Solicitor. Stefan Vogenauer is Professor of Comparative Law at the University of Oxford, a Fellow of Brasenose College and Director of the Oxford Institute of European and Comparative Law. Simon Whittaker is Professor of European Comparative Law and a Fellow of St John's College, Oxford.

The collection of essays...is valuable not so much for its assessment of the modest character of the Avant-projet itself, but for its critical review of key areas in the current state of French law. It provides examples of succinct, readable and thoughtful analysis, often provided from outside France. By presenting debates between French and UK-based scholars, the book is also a good showcase of the quality of scholarship on French law in the UK, which is often far more reflective than that in France. -- John Bell * The Cambridge Law Journal *