A contracting party, the assignor, may assign his status as party to the contract to a third party, the assignee, with the agreement of his own contractual partner, the person subject to assignment. L. 518-2 of the French Monetary and Financial Code (extract)). a. The Digest, known as the Louisiana Civil Code of 1808, gained Claiborne's approval. We have therefore translated it differently according to context. In English discussions, the ‘stipulator’ would often be termed the ‘promisee’.22See above, n. 14.23We translate ‘la résiliation’ as ‘resiling from a/the contract’ so as to distinguish it from ‘la résolution’ (‘termination’): see above, n. 14.24‘Gross or dishonest fault’ translates ‘une faute lourde ou dolosive’. Voluntary performance of a contract in the knowledge of a ground of nullity is equivalent to affirmation. Perhaps the longest lasting legacy of Napoleon’s rule Included a civil code, code of criminal procedure, a commercial code, and a penal code Emphasized the protection of private property b. This translates ‘de plein droit’. The Code represented a comprehensive reformation and codification of the French civil laws. A person who claims performance of an obligation must prove it. The latter may do so only after a period of three months has elapsed from the date when they put the third party on notice to accept the benefit of the promise. Reform of the French Civil Code and the Code of Commerce IF'RANCE IS A COUNTRY of most venerable codification; long before Napoleon, French jurists sought to secure greater certainty in law by incorporating it in general and written formulae. on August 17, 2008. 33This provision concerns various aspects of la comparution personnelle, which is a procedural mechanism for the collection of evidence available to a court and consists of the court putting questions orally to a party: see arts 184–194 Code de la procédure civile. It should be noted that this special regime is applicable “regardless of the existence or An action brought against one of the joint and several debtors does not. 387-1) and in the context of matrimonial property regimes (e.g. Of Persons. A creditor who receives satisfaction from one of two or more joint and several debtors and consents to his release, retains his right arising from the obligation against the others, but after deduction of the share of the debtor whom he has discharged. 1. as regards acts made by minors, from the day of achieving majority or of emancipation; as regards acts made by a protected adult, from the day when he becomes aware of them, provided that he was in a position to remake the acts validly; as regards the heirs of a person subject to guardianship (whether as a minor or an adult) or of a person subject to an order empowering their family to act on their behalf,12 from the day of the death, unless it has started to run before that time. Code Napoleon; Or, The French Civil Code by a Barrister of the Inner Temple, France , George Spence. If the prevention is permanent, the contract is terminated by operation of law and the parties are discharged from their obligations under the conditions provided by articles 1351 and 1351-1. While we have translated ‘faute dolosive’ as ‘dishonest fault’, dishonesty for this purpose must be understood in a broad way so as to include situations treated as bad faith in the debtor, notably, where the non-performance is deliberate. Civil law - Civil law - The French system: In France the Revolutionary period was one of extensive legislative activity, and long-desired changes were enthusiastically introduced. 3. http://www.textes.justice.gouv.fr/art_pix/THE-LAW-OF-CONTRACT-2-5-16.pdf, https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070721&dateTexte=20080225#/, THE LAW OF CONTRACT, THE GENERAL REGIME OF OBLIGATIONS,AND PROOF OF OBLIGATIONSThe new provisions of the Code civil created byOrdonnance n° 2016-131 of 10 February 2016translated into English, CODE CIVIL TITLE IIITHE SOURCES OF OBLIGATIONS, SUB-TITLE ICONTRACTCHAPTER IINTRODUCTORY PROVISIONS, SECTION IConclusion of ContractsSub-section 1Negotiations, Sub-section 3Pre-emption Agreements and Unilateral Promises, Sub-section 4Special Provisions Governing Contracts made by Electronic Means8, Sub-section 2Special provisions governing contracts concluded by electronic means, SECTION 1The Effects of Contracts between the PartiesSub-section 1Binding Effect, SECTION 2The Effects of Contracts as regards Third PartiesSub-section 1General Provisions, Sub-section 2Standing Surety and Stipulations for Third Parties, Sub-section 2Enforced Performance in Kind, Sub-section 5Reparation of loss resulting from non-performance of the contract, SUB-TITLE IIEXTRA-CONTRACTUAL LIABILITYCHAPTER IEXTRA-CONTRACTUAL LIABILITY IN GENERAL, CHAPTER IILIABILITY FOR DEFECTIVE PRODUCTS, SUB-TITLE IIIOTHER SOURCES OF OBLIGATIONS, TITLE IVTHE GENERAL REGIME OF OBLIGATIONS, SECTION 3Plural ObligationsSub-section 1Plurality of Subject-matters, Paragraph 1 – Joint and Several Obligations, Paragraph 2 – Obligations whose Acts of Performance are Indivisible, CHAPTER IITRANSACTIONS RELATING TO OBLIGATIONS, SECTION 1Assignment of Rights arising from Obligations, CHAPTER IIIACTIONS AVAILABLE TO CREDITORS, SECTION 1SatisfactionSub-section 1General Provisions, Sub-section 2Particular Provisions Relating to Monetary Obligations, Sub-section 4Satisfaction with Subrogation, SECTION 2Set-OffSub-section 1General Rules, CHAPTER IIADMISSIBILITY OF KINDS OF PROOF, SECTION 1Proof by Written EvidenceSub-section 1General Provisions, Sub-section 2Oath required by a Court of its own Initiative. art. See also note 10 to art. Where, according to the common intention of the parties, several contracts contribute to one and the same operation, they are to be interpreted by reference to this operation. In the case of duress, affirmation can take place only after the duress has ceased. Obligations are fungible if they are of a sum of money, even in different currencies, provided that they can be converted; or if they have as their subject-matter a quantity of things of the same generic kind. Of the Enjoyment of Civil Rights. ‘prestation de services’ is the one phrase where we do not translate ‘prestation’ as ‘act of performance’, but as ‘supply’ of services. In contractual matters, there is force majeure where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects could not be avoided by appropriate measures, prevents performance of his obligation by the debtor. It cannot be set up against third parties, though the latter may rely on it. Such codification aims at making the law of contracts and obligations more accessible, transparent, and foreseeable - all of which constitute a Throughout the translation we follow the convention of English statutory drafting and use the masculine singular personal and possessive pronoun (which are to be read as referring equally to the feminine or neuter) rather than using “he/she”, “his/her” etc., or some form of circumlocution. If the assignor is not discharged by the person subject to assignment, any securities which may have been agreed remain in place. SINGLE PAGE PROCESSED TIFF ZIP download. civil code €€€€€€€Applications in view to acquiring, losing French nationality or being reinstated in that nationality, as well as declarations of nationality, may, in the way provided for by law, be made without authorization from the age of sixteen. While in many discussions, this is to be understood to refer to ‘strict liability’ (as opposed to liability for fault) and the producer is liable strictly under these provisions, translating the first paragraph of art. A debtor is bound only to damages which were either foreseen or which could have been foreseen at the time of conclusion of the contract, except where non-performance was due to a gross or dishonest fault. 3). The other party to such a relationship is termed le commettant, which we translate as ‘employer’: see art. 8Arts 1125 to 1127-6 implement Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) arts 9–11. Web Resources Government General Portals. In a composite phrase like this (‘la fourniture de biens ou la prestation de services’) the reference to ‘supply’ covers both fourniture (of property) and prestation (of services).11‘Employee’ here (and in art. See further www.caissedesdepots.fr/. refuse to perform or suspend performance of his own obligations; seek enforced performance in kind of the undertaking; provoke the termination22 of the contract; claim reparation of the consequences of non-performance. If the assignor is discharged, any joint and several co-debtors remain liable to the extent which remains after deduction of the share of the debtor who has been discharged. Where the assignor is discharged, securities agreed by third parties remain in place only with the latter’s agreement. Every payment presupposes a debt; something which is received without being due is subject to restitution. Call number: KJV444.2804.A52. A new conception of law appeared in France: statute was deemed the basic source of law. ‘The Caisse des Dépôts et Consignations is a special institution charged with the administration of deposits and consignments, the provision of services relating to the funds whose management has been entrusted to it, and the exercise of other functions of the same nature which are lawfully delegated to it’: art. It may be express or implied. 2059 All persons may make arbitration agreements relating to rights of which they have the free disposal. Le patrimoine consists of the totality of a person’s property, rights and obligations. We reserve the English ‘agent’ to translate ‘mandataire’: see art. that he had not put the product into circulation; that, having regard to the circumstances, there is good reason to think that the defect causing the harm did not exist at the time when the product was put into circulation by him or that the defect arose afterwards; that the product was not intended for sale or any other form of distribution; that the state of scientific and technical knowledge at the time when he put the product into circulation did not allow discovery of the existence of the defect; or that the defect is due to compliance of the product with mandatory legislative or administrative rules. This law governs several legal issues. This paper is based on the theses of several writers, a list of which appears on page 349 (Appendix A, Note 2). We have therefore translated it differently according to context.2General note. The stipulator may himself require the promisor to perform his undertaking towards the beneficiary. We therefore use the neutral word ‘termination’ for la résolution and ‘resiling from a contract’ for ‘la résiliation’. Here ‘an office held by a professional who thereby enjoys public service powers’ translates in an explanatory way ‘un office ministériel’.