Suchergebnisse

In this article, the author looks at two very different techniques for the control of the terms on which contracts are made. The first technique consists of the insertion of contract terms into the contract directly by law or by standard conditions set by public authorities or, less directly, as a result of a regulatory regime set up for the conduct of the business in the course of which the contracts are made. The second technique ? familiar to all European lawyers from Article 7 of the EC Directive on unfair terms in consumer contracts ? consists of the policing of unfair terms by public or private bodies taking preventative measures, whether judicial or extra-judicial. The author then looks at the interaction between these two types of control in the exclusion from judicial review by Article 1(2) of the Directive of contract terms ?which reflect mandatory statutory or regulatory provisions?. These issues are discussed from the point of view of English and of French law, examining their different choices in implementing the EC Directive, and contrasting the different mixtures of public and private law ways of thinking which are revealed.

It is clear that there is no doctrine of anticipatory breach as such in French contract law.1 How then does it deal with the facts which in English law give rise to the application of this doctrine? In answering this question, it is helpful to bear in mind that the two situations which English law treats as anticipatory breach are where a party declares in words or demonstrates by conduct his unwillingness to perform and where a party has "disabled" himself from performance owing to his own "act or default".2

The process of the elaboration of the reform of the law of contract / Bénédicte Fauvarque-Cosson, Juliette Gest, and François Ancel -- Contracts, contract law, and contractual principle / Simon Whittaker -- Formation of contract : negotiation and the process of agreement / Ruth Sefton-Green -- Validity of contract : Do1, erreur, and obligation d'information / Carole Aubert de Vincelles -- Violence in the reformed Napoleonic Code : the surprising survival of third parties / Ciara Kennefick -- The contents of contracts : Prestation, Objet, but no longer La Cause? / Laurent Aynôs -- The revolution in unfair terms / Philippe Stoffel-Munck -- Mandatory and non-mandatory rules in the new law of contract / Cecile Perôs --Does review on the ground of improvision breach the principle of the binding force of contracts? / Bénédicte Fauvarque-Cosson -- The proprietary effects of contracts / Geneviève Helleringer