Article 8 of Law No. 2015-177 of February 16, 2015 on the modernization and simplification of law and procedures in the areas of justice and home affairs, declared constitutional by the Constitutional Council on February 12 (no. 2015-710 DC of February 12, 2015) authorized the government to take by ordinance the measures falling within the scope of the law necessary to modify the provisions of the Civil Code relating to obligations.
On February 25, 2015, the Ministry of Justice published a draft order on its website and launched a public consultation, open until April 30, 2015. The order should be presented a few weeks after the close of consultation.
The project put online on February 25 brings modifications of very variable importance. While certain provisions tend to incorporate jurisprudential solutions into the Civil Code, others differ.
Provisions preliminary to the conclusion of the contract and rules of formation of the contract
Among the provisions foreseen, the following should be highlighted:
- The project defines or redefines the different types of contracts. In particular, it introduces a definition of the framework contract and the adhesion contract;
- The requirement of good faith is extended to the formation of the contract;
- The project specifies the terms of withdrawal and acceptance of the offer;
- Pact of preference: the sanction of violation of the pact of preference provided for by case law is modified and integrated into the code.
Contract validity
The draft enshrines a general duty of information and the penalties applicable in the event of a breach of this duty.
Among the essential modifications, it should be noted, the disappearance of the cause from the conditions of validity of the contract. However, the concept is not completely erased from contract law. On the contrary, the draft ordinance takes up existing solutions, in particular case law, and groups them with the rules applicable to the subject.
Penalties
The project creates a general regime of nullity and lapse.
Effects of the contract
The project consecrates the theory of unpredictability.
The regime of the stipulation for others is detailed by the project.
