The 2016 Reform of French Contract Law: Some Recent Developments

Abstract This article focuses on the impact of the reform of the contract law section of the French Civil Code in 2016 in two key areas: remedies for breach of contract and regulation of unfair terms. In particular, it draws a contrast between the ways in which two of the most controversial provisions introduced by the reforms have been applied in practice. While new Article 1221, which limits specific enforcement where it is disproportionate, has been accepted by the courts, Article 1171, which deems unfair terms as not written, has been interpreted narrowly to the point of being marginalised.