Law of Obligations
Law

Law of Obligations Law Revision Sheets

The law of obligations is the core of L2 law. It encompasses formation, performance and breach of contracts, plus tort liability. The 2016 reform deeply modernized the field, integrating jurisprudence on good faith, cause and defects of consent.

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Law of Obligations curriculum in Law

The curriculum covers sources of obligations (legal act, legal fact), contract formation (consent, capacity, lawful and certain content), defects of consent (mistake, fraud, duress), performance and breach (exception of non-performance, rescission, specific performance), effects between parties and third parties, and the general obligation regime (assignment, novation, payment, extinction).

Sources of obligations: legal act vs legal fact
Contract formation: offer, acceptance, capacity
Defects of consent: mistake, fraud, duress (2016 reform)
Contract content: object, cause (pre-2016), performance
Contract performance and good faith
Breach: exception, rescission, specific performance
Contract effects: binding force, simulation, stipulation for another
General regime: assignment, novation, set-off

How to study law of obligations in Law?

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Tips to succeed in law of obligations Law

1
Tip 1

Memorize key post-reform articles: 1101, 1112, 1130, 1137, 1162, 1217, 1231 onwards of the Civil Code

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Tip 2

Master the legal act / legal fact distinction: the universal analysis grid for any case study

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Tip 3

Build a flashcard per landmark reform ruling: Civ. 1re 13 Feb 2019 (binding force), Cass. ch. mixte 2018 (standing)

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Tip 4

Work on old-law / new-law transitions: exam topics often test reform retroactivity

FAQ — Law of Obligations Law

What is the 2016 obligation law reform?

Ordonnance 2016-131 of 10 February 2016, ratified by the 20 April 2018 law, deeply reshaped Title III of Book III of the Civil Code. It modernized contract law and the general obligation regime by codifying jurisprudence and introducing new tools (offer, preference pact, unilateral promise, negotiation, content, hardship). It applies to contracts entered into from 1 October 2016 (principles) and 1 October 2018 (interpretation).

What is hardship (imprévision) in contract law?

Hardship (art. 1195 of the Civil Code, from the 2016 reform) allows a party, when unforeseeable circumstance changes make performance excessively burdensome, to request renegotiation from the counterparty. If refused or unsuccessful, the judge may adapt or terminate the contract. This is a revolution compared to the Canal de Craponne ruling (Cass. civ. 6 March 1876) which refused any revision for hardship.

How do I revise obligation law efficiently?

Three pillars: 1) mastery of post-reform Civil Code articles (build a synthetic article sheet), 2) mastery of landmark rulings (50 key rulings are enough — use GADC or annotated annals), 3) intensive practice on case studies (at least 15 complete case studies before exams). Prioritize argumentation quality over accumulated knowledge.

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