CONTRACT BREACH AND REMEDIES IN FRENCH LAW ACCORDING TO THE REFORM IN 2016

Abstract

This research looks on the relationship between the breach of contract and the remedies for such breach, and their actual application in the contractual relationship. The contract is a manifestation of voluntary promise between the parties, tends to create a legal obligation. The Contract Law differs from jurisdiction to jurisdiction due to the history and environment of development in various societies. The law usually specifies contract parties' obligations, and the parties must fulfill their obligations. Otherwise, they will breach the contract. A contract is deemed breached if at least one main obligation was not full filed or was delayed. The obligations of a contract vary depending on whether they are results-based or best-efforts-based. In the first situation, the pretender only needs to prove that the obligation was not realized. In the second situation, the pretender must prove that the other party did not perform his part of contractual obligations as well as possible or was negligent or not diligent enough. The breach of contract must have harmed the other party. French law could order the compensation of different damages such as material injuries, non-pecuniary damages, or bodily harms. However, a debtor is liable only for damages that were predicted or that could be predicted at the time of the contract, unless the debtor's failure is owing to his own clear negligence or fraud. Of course, a causal link must be proved between the breach of contract and the claimed damage, that is to say that the damage must be the immediate and direct consequence of the non-performance of the contract. In this case, the breach of contract is proved, then, what remedies does French law have? While this research was trying to determine the answer of such question according to the reform of 2016 of French civil law, we found a stable remedies decided by the French civil code.