This paper analyses the recent reform of Contract Law in France under the Order n°2016-131 of February 10, 2016, modifying the French Civil Code provisions on Contract Law and the general regime and proof of obligations. The ‘causation’ was consecrated as a condition of contracts validity in the Napoleonic Code of 1804, it remained effective for two centuries despite its juristic controversy. The controversial notion of ‘causation’ has been removed from the Code which introduced ‘the contractual content’ as an essential condition in contracts. This study concludes that the abandonment of 'causation' in the recent reform of Contract Law in France has been purely formal with a view to simplify and reinforce the attractiveness and competitiveness of the French Contract Law at the international and European levels, especially in the field of business. Thus, the core of 'causation' is still present in the new notion, ‘the contractual content’, because it has been incorporated within. Moreover, the Reform has maintained the classical functions of ‘causation’ as a tool for the public interest and the individual protection of the contractor, but with new terms of ‘consideration’ and ‘aim’. Besides, the judiciary has innovated a new function of 'causation' as a tool to achieve ‘the contractual justice’
Yazid, Dr. DELLAL and Youcef, Taboukouyout
"The Notion of Causation under the New French Contract Law from the Traditional Function to a Tool for Controlling Contractual Balance,"
Journal Sharia and Law: Vol. 2022:
89, Article 5.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2022/iss89/5