Невозможность исполнения обязательства по Кодексу Наполеона 1804 г.

Abstract

The article is devoted to the description of the French model of impossibility of performance of an obligation under the Napoleonic Code of 1804. Authors compare the latter with the Pandect, Anglo-Saxon, Uniform and Russian models of impossibility of performance of an obligation. It is noted that the first version of the French Civil Code did not use general construction of impossibility of performance. Instead it defined legal effect of particular types of impossibility of performance. It regulated the situation when the object of an obligation was destroyed, ceased to be a thing in commerce or was lost. Authors point out that, unlike Russian, French judicial practice does not strictly follow the rule established by the French Civil Code on the automatic termination of an obligation due to the impossibility of its performance, allowing in this case the termination or amendment of the contract by a court decision. The aim of the article is to reveal the promising directions for the development of Russian civil legislation on the basis of detailed analysis of the French model of impossibility of performance of an obligation under the Napoleonic Code of 1804 in comparison with another models of this legal institute (Pandect, Anglo-Saxon, Uniform models). The aim of the research determines its methodology, which is based on historical legal and comparative legal analysis mainly. The authors analyze the provisions of the Napoleonic Code of 1804 on the impossibility of performance of an obligation in comparison with both the relevant norms of the civil legislation of other foreign countries, and the norms of the Civil Code of Russia, taking into account the practice of their application. The prerequisites for the reform of the French law of obligations in 2016 in the relevant part are established. It is noted that the first version of the French Civil Code did not use general construction of impossibility of performance. Instead it defined legal effect of particular types of impossibility of performance. It regulated the situation when the object of an obligation was destroyed, ceased to be a thing in commerce or was lost. Authors point out that, unlike Russian, French judicial practice does not strictly follow the rule established by the French Civil Code on the automatic termination of an obligation due to the impossibility of its performance, allowing in this case the termination or amendment of the contract by a court decision. The authors declare no conflicts of interests.