A Farewell to the bon père de famille

“The 21st of January 2014 was a historic moment for private law in Europe. On that day, the French Assemblée Nationale agreed to eliminate any reference to the bon père de famille (the good housefather) from French legislation. The term is still present at fifteen places scattered across the French Civil Code and other statutes. It is not only the holder of usufruct (art. 601 CC), the negotiorum gestor (art. 1374 CC), the tenant (arts. 1728 s 2, 1729 and 1766 CC) and the borrower (art. 1880 CC) that need to behave like a good housefather. Also the Code de la Consommation contains ample references to this person as a measure of what can be expected from a reasonable debtor. This revision of French law, which is likely to take place later this year, comes with a proposed change of the draft Act on equality among men and women …” (more)

[Jan Smits, Maastricht European Private Law Blog, 4 February]

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