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The French Law of Contract » (REV)

Book cover image of The French Law of Contract by Barry Nicholas

Authors: Barry Nicholas
ISBN-13: 9780198762560, ISBN-10: 0198762569
Format: Paperback
Publisher: Oxford University Press
Date Published: July 1992
Edition: REV

Author Biography: Barry Nicholas

Book Synopsis

Written primarily for lawyers and law students in the Common law world, this book explains the principles of the French law of contract and compares them with those of other European legal systems. This second edition, which assumes no prior knowledge of French law, is written from the standpoint of a Common lawyer familiar with the problems which the law of contract deals with in a modern Western society. Consideration is given, in this fully updated edition, to recent developments in the obligation to disclose information, third party rights in "groups of contracts," unfair contract terms, and the seller's liability for latent defects.

	Table of Codes and Conventions
	Table of French Statutes
	Table of French Cases
	Table of English Statutes
	Table of Common Law Cases
	Note on Sources and Literature
	Abbreviations
1	General introduction	1
1	Common law and Civil law	1
2	Characteristics of French law	4
3	The divisions of French law	23
2	Introduction to the law of contract	29
1	The place of contract in the Civil Code	29
2	Interpretation of contracts	47
3	Formation of contract	59
A	Consent	59
1	Formal and evidential requirements	59
2	Offer and acceptance	61
B	Defects of consent	76
1	Introductory	76
2	Effect of vices du consentement	77
3	Parallel remedies	81
4	Erreur sur la substance	83
5	Erreur sur la personne	95
6	Erreur obstacle	98
7	Dol	100
8	Violence	106
9	Liability in damages	110
10	Conclusion	111
C	Objet	114
1	Terminology	114
2	Particular consequences of the requirement of an objet	115
D	Cause	118
1	Introductory	118
2	Absence of cause	119
3	Illicitness of cause	128
E	Restrictions on the content of contracts	136
1	Lesion	137
2	Legislative interventions	141
F	The absence of a requirement of consideration	144
4	Effects of the contract	150
A	Effects between the parties	150
1	Introductory	150
2	Obligatory force of the contract as between the parties	152
3	Requirement of good faith in performance	153
4	Content of the obligation created by the contract	154
5	'Modalities' of the obligation	155
B	Effects on third parties	169
1	General principle of relative effect	169
2	Exceptions to the principle of relative effect	177
C	Limits of contractual obligation - effect of supervening obstacle to performance	200
1	General	200
2	Scope of force majeure	202
3	Consequences of impossibility	205
4	Imprevision	208
5	Remedies for non-performance	211
1	General	211
2	Exceptio non adimpleti contractus	213
3	Performance in kind	216
4	Astreintes	221
5	Damages	224
6	Exemption clauses and penalty clauses	232
7	Mise en demeure	236
8	Resolution	241
	Index	247

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The French Law of Contract » (REV)

Author Biography: Barry Nicholas

Book Synopsis

Table of Contents

Subjects