The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms

Preface
Contents
Contributors
List of Abbreviations
1. Introduction
Part I: The Background to the Reforms
	2. The Process of Elaboration of the Reform of the Law of Contract
		I. Introduction
		II. The Context of the Reform
		III. The Three Periods of the Process of Reform
Part II: The New Provisions Critically Examined
	3. Contracts, Contract Law and Contractual Principle
		I. Introduction
		II. Identifying ‘Contract Law’
		III. The Portrait of French Contract Law in the Reformed Code Civil
		IV. Conclusion
A: The Creation of a Valid Contract
	4. Formation of Contract: Negotiation and the Process of Agreement
		I. Precontractual Negotiations: Freedom and Good Faith
		II. Offer and Acceptance
		III. Pre-contracts
		IV. Conclusion
	5. Validity of Contract: Dol, Erreur and Obligation d'Information
		I. Precontractual Information Obligations
		II. The Defects in Consent
	6. Violence in the Reformed Napoleonic Code: the Surprising Survival of Third Parties
		I. Introduction
		II. Duress by Third Parties
		III. Duress on Third Parties
		IV. Conclusion
B: The Content and Effects of Contracts
	7. The Content of Contracts: Prestation, Objet, but No Longer la Cause?
		I. Introduction
		II. From Objet to the Content of the Contract
		III. From la Cause to Something in Return (la Contrepartie)
	8. The Revolution in Unfair Terms
		I. Introduction
		II. Article 1170: the General Provision
		III. Article 1171: the Special Provision
	9. Mandatory and Non-mandatory Rules in the New Law of Contract
		I. Formal Recognition
		II. Qualifications on the General Non-mandatory Character of the Provisions
		III. The Retreat of Freedom of Contract
	10. Does Review on the Ground of Imprévision Breach the Principle of the Binding Force of Contracts?
		I. Introduction
		II. From Contractual Stability to Greater Flexibility: How New Article 1195 Finally Reached a Good Balance
		III. Imprévision in the Reform of Contract Law: Related Issues
		IV. Conclusion
	11. The Proprietary Effects of Contracts
		I. Introduction
		II. The New Provisions of the Code Civil
		III. Critical Appraisal
	12. The Effects of Contracts and Third Parties
		I. Introduction
		II. The Relative Effect of the Contract
		III. The ‘Opposability’ of Contracts
		IV. Conclusion
C: Contractual Non-performance and its Remedies
	13. Exécution Forcée en Nature
		I. Introduction
		II. The New Provisions of the Code Civil Relating to the Performance in Kind of Contractual Obligations
		III. The State of the Law as it Stood Before the Reform of 10 February 2016
		IV. Comparative Perspectives on the New Provisions
		V. Critical Observations
	14. The Exception d'Inexécution
		I. Introduction
		II. Considerations Common to Articles 1219 and 1220
		III. Article 1219: The Defence of Proven Non-performance
		IV. Article 1220: The Defence of Anticipated Non-performance
	15. Termination for Contractual Non-performance
		I. Introduction
		II. The New Provisions on Termination: Description and Comparison with the 1804 Code
		III. Comparative Observations on the New Provisions of the Code Civil
		IV. An Assessment of the New Provisions on Termination
		V. Conclusion
Part III: Reflections from Other Civil Laws
	16. The New Design of the French Law of Contract and Obligations:An Italian View
		I. The French Reform in the Eyes of Italian Scholarship
		II. The Rise of a French Law of Obligations within Book III of the Code Napoléon
		III. The New Article 1100 Code Napoléon and the Rest of its New Title III on the Sources of Obligations
		IV. The New Article 1101 Code Napoléon and the Definition of Contract
		V. The New Article 1105 Code Napoléon and the Division between the General Part and the Special Part of Contract Law
		VI. The New Article 1128 Code Napoléon and the Requirements for the Validity of Contract
		VII. The New Chapter of the Code Napoléon on Formation of Contract and the Duty to Disclose During Precontractual Negotiations
		VIII. The Degree of Innovation Afforded by the French Reform and the Meaning of a Contemporary Civil (Re-)Codification
	17. A Spanish Perspective on the General Theory of Contract
		I. Introduction
		II. General Overview of the Reform (Title III)
		III. Some Issues of Interest
		IV. Final Reflections
	18. La Troisième Jeunesse du Code Civil: A German Lawyer Looks at the Reform of French Contract Law
		I. Background
		II. General Remarks
		III. Specific Comments
		IV. Conclusion
Appendix
Index