Main sources of special contract law
Posted: Tue Jan 07, 2025 10:29 am
The law of special contracts is based on the general framework of contract law, derived from the Civil Code . This establishes the principle of contractual freedom , capacity to contract and consent of the parties, which are the sine qua non conditions of any contract.
So-called special contracts are therefore subject to these general regulations. But they are also governed by specific texts from various sources.
Special laws , such as kazakhstan phone data that of 6 July 1989 concerning residential leases , but also the case law of the courts, which, faced for the first time with certain specific questions not provided for in the general framework, therefore have the heavy responsibility of deciding the question and therefore establishing a tacit precedent. Case law , although it has no legal force in France, makes it possible to adapt legal situations on a case-by-case basis to the evolution of society and its customs.
But generally speaking, the law of special contracts is mainly made up of regulations and decrees , which apply and transfer international or European conventions within French law. As was the case in 1980 for the Vienna Convention on the International Sale of Goods.
All these texts are then grouped into various codes to facilitate their use: Labor Code, Insurance Code, Intellectual Property Code, etc.
Should the law on special contracts be reformed?
It is very complicated to talk about a reform of the law of special contracts , in that it is itself a reform of the general framework of contracts . On the other hand, we can talk about a regular adaptation to changes in practices in the world of business and commerce.
Case law plays a key role here by pointing out the grey areas that have not been exploited until now, and which are often used for abuse or fraud. Judges therefore interpret the rules according to current commercial practices, so as not to risk blocking a situation in the name of extreme rigor of written law.
There are also still many harmonization efforts to be made, to transpose international practices. In these cases, it is up to the governments of each country to study the issue and allow their national legal framework to adapt to commercial practices.
The answer to the question of whether contract law should be reformed is therefore no, because no major reform can be undertaken in such a disparate area of law. On the other hand, constant adaptation of laws and regulations will ensure that we are not left out and that we can benefit from the new practices and customs of national traders, businesses and workers.
So-called special contracts are therefore subject to these general regulations. But they are also governed by specific texts from various sources.
Special laws , such as kazakhstan phone data that of 6 July 1989 concerning residential leases , but also the case law of the courts, which, faced for the first time with certain specific questions not provided for in the general framework, therefore have the heavy responsibility of deciding the question and therefore establishing a tacit precedent. Case law , although it has no legal force in France, makes it possible to adapt legal situations on a case-by-case basis to the evolution of society and its customs.
But generally speaking, the law of special contracts is mainly made up of regulations and decrees , which apply and transfer international or European conventions within French law. As was the case in 1980 for the Vienna Convention on the International Sale of Goods.
All these texts are then grouped into various codes to facilitate their use: Labor Code, Insurance Code, Intellectual Property Code, etc.
Should the law on special contracts be reformed?
It is very complicated to talk about a reform of the law of special contracts , in that it is itself a reform of the general framework of contracts . On the other hand, we can talk about a regular adaptation to changes in practices in the world of business and commerce.
Case law plays a key role here by pointing out the grey areas that have not been exploited until now, and which are often used for abuse or fraud. Judges therefore interpret the rules according to current commercial practices, so as not to risk blocking a situation in the name of extreme rigor of written law.
There are also still many harmonization efforts to be made, to transpose international practices. In these cases, it is up to the governments of each country to study the issue and allow their national legal framework to adapt to commercial practices.
The answer to the question of whether contract law should be reformed is therefore no, because no major reform can be undertaken in such a disparate area of law. On the other hand, constant adaptation of laws and regulations will ensure that we are not left out and that we can benefit from the new practices and customs of national traders, businesses and workers.