What is new about the authority of the French judge to amend the contract Read the order 2016-131

Abstract

The French judge did not have the authority to amend the contract before 2016,

as the French legislator rejected the idea of amending the contract, and his

argument for that was the necessity of respecting the principle of the sanctity of

the contract.

Article 1134 of the French Civil Code was a landmark article in enshrining the

principle of the binding force of contracts, and therefore the judge refused to

amend the contract under any pretext.In many cases, the Court of Cassation

relied on that article in order to reason its decision and confirm the binding

force of the contract, and thus rejected intervention.The judge in order to amend

the contract under any pretext.

This matter changed after the modernization of French legislation, as Order

2016-131 issued on February 10, 2016 included among its victims Article 1134

of the Civil Code, which entered into force on October 1, 2016.Article 1195,

which was introduced by Order 2016, brought about 131 revolution in French

civil law Which was an acknowledgment by the French legislator and the

judiciary of the possibility of the judge intervening in order to amend the

contract.