french civil code in english


What is the French civil code?

  • The French Civil Code has stood the test of time. More than two centuries after its enactment in 1804, it remains the main private law instrument in France. Some parts have however been modernised to keep pace with changing times.

What is freedom of contract in French law?

  • Freedom of contract is a longstanding and uncontroversial principle in French law. It did not however appear in the 1804 Code.34The new Code recognises it explicitly for the first time. It is symbolically placed as the outset, as the very first rule immediately after the definition of contract, to mark its significance.

Why are there so many new articles in French case law?

  • Second, legal principles developed in case law that had become part of the French legal landscape were codified. Many of the new articles simply enshrine these principles and therefore break no new ground.

What is the first overhaul of French contract law in 200 years?

  • The codified articles on contract law had remained untouched, or almost so, since 1804. It is therefore the first overhaul of French contract law in over 200 years. It is also the culmination of several attempts at reform that began more than a hundred years ago and intensified greatly in the last 15 years.
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