Charles Calleros, ‘US Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention’

Abstract:
In 2016, France adopted the first comprehensive revision of the French Law of Obligations since it appeared in the Napoleonic Code in 1804. New article 1171 of the Code authorizes judges to strike out auxiliary terms in an adhesion contract that create a significant imbalance in the rights and obligations, inviting a comparison with the US experience with unconscionability doctrine, and an examination of the benefits of combining judicial powers of intervention with statutory and administrative regulation.

Calleros, Charles R, US Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention (August 2017). 45 Georgia Journal of International and Comparative Law 259 (2017).

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