U.S. Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention
39 Pages Posted: 31 Aug 2017
Date Written: August 2017
In 2016, France adopted the first comprehensive revision of the French Law of Obligations since it appeared in the Napoleonic Code in 1804. New article 1171 of the Code authorizes judges to strike out auxiliary terms in an adhesion contract that create a significant imbalance in the rights and obligations, inviting a comparison with the U.S. experience with unconscionability doctrine, and an examination of the benefits of combining judicial powers of intervention with statutory and administrative regulation.
Keywords: Reform or Revision of French Civil Code; Unconscionability; Article 1171; Significant Imbalance; Freedom of Contract
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