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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  

Charles R. Calleros

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: August 2017

Abstract

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

Suggested Citation

Calleros, Charles R., U.S. Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention (August 2017). 45 Georgia Journal of International and Comparative Law 259 (2017). Available at SSRN: https://ssrn.com/abstract=3029105

Charles Calleros (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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