Droit civil des Obligations Dalloz 2019

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For the first time since 1804, the law of contracts, quasi-contracts, regime and proof of obligations has undergone a comprehensive reform. More than three hundred articles of the Civil Code were thus modified by the ordinance of February 10, 2016. The ratification procedure, concluded by the law of April 20, 2018, was an opportunity for Parliament and the government to bring corrections and clarifications on the meaning and scope of the new rules. In addition to consolidations, carried out thanks to the updating of certain articles and the codification of major jurisprudential developments, the reform introduced into the Civil Code of innovations, sometimes breaking with the conventional solutions of French law. This is particularly the case with the admission of revision for unforeseen reasons, the advent of a new vice in consent (abuse of dependency), the generalization of the fight against unfair terms, the diversion of sanctions from non-performance, consecration of the assignment of debt ... To facilitate the appropriation and application of the new law by practitioners (lawyers, magistrates, corporate lawyers, notaries, drafters of deeds ...), this second edition, widely enriched, offers an in-depth and systematic study of consolidations and innovations following the order of the Civil Code and details the conditions of application of the new provisions over time. In addition, faced with the questions left unanswered by the reform, the work seeks to isolate the uncertainties that professionals will have to overcome from the earliest times of the application of the new law. Various solutions are thus offered which enhance the room for maneuver of the contractors, in particular thanks to a distinction between imperative and suppletive rules. For the points of law which remain uncertain, the work presents the various interpretations as well as the strategic arguments which may be invoked in their support.