Noutățile aduse în legislația franceză prin reforma dreptului obligațiilor
News Brought into the French Law Through the Reform of Law of Obligations
Author(s): Radu StancuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: comparative law; French law; private law; civil law; reform of contract law; law of obligations
Summary/Abstract: One year after putting in to debate the reform of the law of obligations, on 11 February 2016 was published in the French Official Gazette („Jurnal Officiel”) the Ordinance n° 2016-131 of February 10, 2016 on the reform of contract law, the general scheme and proof of obligations.The ordinance is the result of over 12 years of study, academic and government reform projects, but also of delays. This reform was required to fulfill two objectives: to create legal specified safety and achieve economic attractiveness.To achieve them, legislators have codified a number of new legal institutions, fruit of doctrine and jurisprudence constant (pact of preference and unilateral promise, unjust enrichment, economic violence, the framework contract, contract of adhesion), and removed from the text some classics institutions as the „cause”.The ordinance shall enter into force on 1 October 2016 but until then, a number of transitional provisions are applicable from the date of publication in the Official Gazette.
Journal: Studii și Cercetări Juridice – Serie Nouă
- Issue Year: 2016
- Issue No: 3
- Page Range: 443-452
- Page Count: 10
- Language: Romanian