Article by Pierre Legrand Jr.
This Article examines judicial revision of contracts, specifically in reference to the descriptive and normative implications of the following proposition: that French courts revise contracts. The introduction places this proposition in the wider perspective of French legal research in the area of contractual remedies, and defines the framework within which it is to be tested.
Next, this Article seeks to demonstrate that the courts revise contracts. This survey focuses on the use of revision as an alternative to more traditional remedies in the contexts of contract formation and of performance. Finally, this Article assesses the principles and techniques that are being used, and the justifications that underlie judicial revision of contracts.
‘[T]out n'est pas contractuel dans le contrat.’
—E. Durkheim Synopsis
About the Author
Pierre Legrand Jr. Of the Faculty of Law, University of Ottawa.
Citation
62 Tul. L. Rev. 963 (1988)