Concepts
Droit Administratif: The French Law of Public Administration
French droit administratif (administrative law) is the body of law governing the organization, powers, and liabilities of public administration. It is distinguished from private law by its autonomy — …
Personal Fault (Faute) in French Tort Law
The concept of faute (fault) is the cornerstone of French extracontractual civil liability. Governed by Articles 1240 and 1241 of the Civil Code, the general principle holds that any act causing …
Public Order as a Limitation on Rights
The concept of ordre public (public order) is a foundational limitation on individual rights and freedoms in French law. It serves as the legal basis for restricting liberty in the interest of public …
The Bloc de Constitutionnalité: Norms of French Constitutional Review
The bloc de constitutionnalité (constitutional block) is the set of norms that the Constitutional Council applies in its review of legislation. It comprises the written Constitution of 1958, the texts …
The Doctrine of Cause in French Contract Law
The doctrine of cause (cause) was a distinctive feature of French contract law that required every valid contract to have a lawful cause or reason for the obligation. It distinguished French civil law …
The Legacy of the Code Napoléon
The Code Napoléon, officially the Code Civil des Français, was promulgated on 21 March 1804 and remains the foundation of French private law. Its influence extends far beyond France, making it one of …
The Principle of Legality in French Criminal Law
The principle of legality (principe de légalité) is a fundamental tenet of French criminal law, expressed by the Latin maxims nullum crimen, nulla poena sine lege (no crime, no punishment without …
The Principle of Proportionality in French Law
The principle of proportionality (principe de proportionnalité) is a fundamental tool of judicial review across French law. It requires that measures restricting rights or imposing obligations be …