LES PROJETS DE REFORME DU DROIT FRANCAIS DES OBLIGATIONS ET L’INFLUENCE DU DROIT QUEBECOIS
AbstractTo what extent has Quebec’s civil law influenced the preliminary draft legislation to reform France’s law of obligations? On the one hand, Quebec’s experience reminds French jurists that the recodification process takes more than just a day, and that its success even depends on that. On the other hand, the preliminary legislation to reform the law of obligations contains certain provisions where the influence of the Civil Code of Quebec is apparent to a greater or lesser degree, given the impossibility of distinguishing what results from a true direct influence or from kinship, due to our common sources of influence. Out of the profusion of preliminary drafts on the reform of the French law of obligations, some examples would be recourse to the definitions, notably the definition of a contract of adhesion put forth in Article 10 of the Chancellerie’s preliminary draft, the principle of the invalidity of a contract with a prohibited object set out in Article 1413 C.C.Q., the rule on rescission without judicial proceedings found in Article 1605 C.C.Q. and reproduced in Articles 170 of the Catala draft and 109 of the Terré draft, the principle of the right to specific performance set out in Article 1601 C.C.Q., and the single vision of civil liability found in 1458 C.C.Q. Finally, there is one central point which shows an obvious influence from Quebec law, the well-know issue of punitive damages. Regardless, the adoption of new provisions on this matter, which would be the clearest sign of the influence of Quebec law, will be difficult to get through the legislature, as the concept is strongly opposed by certain social interests.
Keywords:Comparative Law, Civil Code of Quebec, Re-codification, Influence, Quebec Model, France, Catala
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