LIBRES PROPOS SUR LA FORCE MAJEURE INVOQUÉE PAR LE CRÉANCIER

Abstract

Due to the health crisis linked to the Covid-19 pandemic, force majeure is experiencing renewed attention in case law. Several recent cases shed light on an issue that was largely ignored until now, namely, that of force majeure invoked by the holder of an obligation. The prospects created by the admission of such a possibility in our law will unquestionably appeal to certain legal actors. However, this admission would not go without creating many challenges for the ordering of the general theory of contracts. The author attempts to demonstrate here that this is in fact a false question that already has well-established solutions which it does not seem necessary to call into question.