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Book Summary
Rowan's The New French Law of Contract provides a comprehensive English-language analysis of the 2016 French contract law reform. It explains the revised Civil Code provisions, compares them with the previous regime and common law traditions, and examines their practical implications. This scholarly work is essential for comparative lawyers, students, and practitioners seeking to understand modern French contract doctrine.
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About The New French Law of Contract...
The New French Law of Contract by Rowan offers an in-depth examination of the landmark 2016 reform of French contract law. The book systematically analyses the revised provisions of the Civil Code, including the introduction of good faith, the unification of contract formation rules, the new regime for imprévision (hardship), and the strengthened judicial control of unfair terms. Rowan situates these changes within their historical and comparative context, drawing parallels with English common law and other European legal systems. The work combines doctrinal exposition with critical commentary, making it a valuable resource for understanding how the reform has reshaped French contract practice. It also addresses the challenges of interpretation that have arisen since the reform's entry into force, offering insights into the evolving jurisprudence. This text is a key reference for anyone engaging with contemporary French private law.
Who should read The New French Law of Contract...?
This book is essential for comparative lawyers, legal scholars, and practitioners dealing with cross-border contracts involving French law. It is highly recommended for law students and academics studying French private law, European contract law, or legal harmonisation. Judges, arbitrators, and policy-makers seeking a clear understanding of the reformed French contract regime will also benefit. Additionally, anyone interested in the interplay between civil law and common law traditions will find Rowan's comparative analysis particularly valuable.
Pros & Cons
Pros
- ✓ Provides the first comprehensive English-language analysis of the 2016 French contract law reform
- ✓ Offers detailed article-by-article commentary on the revised Civil Code provisions
- ✓ Includes valuable comparative insights with English common law and other European systems
- ✓ Written by a leading expert in comparative contract law
- ✓ Addresses both theoretical foundations and practical implications of the reform
Cons
- ✗ Assumes some prior knowledge of French civil law and legal terminology
- ✗ May be too specialised for readers without a legal background
- ✗ Focuses primarily on doctrinal analysis rather than case law examples
- ✗ Limited coverage of certain specialised contracts outside the general regime
- ✗ The comparative perspective is primarily Anglo-French, with less emphasis on other jurisdictions
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Frequently asked questions
What is the 2016 French contract law reform?
The 2016 reform was a major overhaul of the French Civil Code's contract law provisions, introducing new concepts like imprévision and revising rules on formation, interpretation, and remedies. It aimed to modernise and make French contract law more accessible and attractive.
Is this book suitable for non-French lawyers?
Yes, it is written in English and includes comparative references, making it accessible to lawyers from other jurisdictions. However, some familiarity with civil law concepts is helpful.
Does the book cover case law developments after the reform?
While the primary focus is on the statutory provisions, the book discusses early judicial interpretations and highlights areas where jurisprudence is still evolving.
How does this book compare to other texts on French contract law?
It is one of the few comprehensive English-language treatments of the post-2016 regime, offering a detailed and critical analysis that combines doctrinal depth with comparative perspective.
Who is the author, Rowan?
Rowan is a recognised scholar in comparative contract law, with expertise in French and English private law. The book reflects extensive research and teaching experience in the field.
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