RECENT REFORMS TO THE LAW OF CONTRACT IN FRANCE: HOW HAS THE SYSTEM CHANGED AND WHAT COULD WE LEARN FROM THOSE CHANGES?
THURSDAY 9 JUNE 2022 AT 6 PM, AT THE MACKENZIE BUILDING, OLD ASSEMBLY CLOSE, 172 HIGH STREET, EDINBURGH (ALSO AVAILABLE FOR REMOTE PARTICIPATION).
The Code Civile was enacted in 1804. Its provisions governing the law of contract remained in force, almost untouched, until October 2016. That month marked the adoption of 150 new articles in that area of the law in what has been described as ‘a major event in France’. Prior to the reform, the French law of contract was frequently perceived as being outdated and less attractive to the business world than common law regimes. Modernisation was intended to make French law more attractive in a globalising world. Some of the new provisions concern matters of detail, while others are more fundamental in their reach. Of particular importance are the prominence given to the principle of good faith, the new rules that provide strong protection to contracting parties during pre-contractual negotiations and the provisions regulating unforeseen circumstances.
The event will be structured as a hybrid webinar (meaning that delegates can participate either in person at the above address or, if they prefer, remotely via Zoom). It will start with a brief outline of the most important of the reforms made to French contract law as a result of the reforms. There will be a discussion of the extent to which the new rules are considered to be successful in practice both from the perspective of day-to-day users and internationally in terms of making the French system attractive as a choice of law. A comparison from a Scottish perspective will be offered and views offered as to whether the system in this country might usefully draw inspiration from what is happening in France.
The speaker from France will be Catherine Pédamon, a French lawyer and the Deputy Head of the LLM Course in International Commercial Law at Westminster Law School. Professor Hector MacQueen, Emeritus Professor of Private Law at Edinburgh University will provide a comparative insight.
Registration can be made using the Society’s email address at email@example.com. There is no charge. All are welcome and it is not necessary to be a member of the Society to attend. Please indicate when registering whether you intend to join the event in person or remotely.