French Legal Terms A-F

This glossary defines essential French legal terms from A through F, providing English translations and contextual explanations for their use in the French legal system. Each entry includes a definition, legal context, and references to related concepts.

A

Acte de gouvernement — Governmental act not subject to judicial review by administrative courts. Includes acts concerning foreign relations, relations between the executive and Parliament, and actions under emergency constitutional powers. The doctrine has been progressively narrowed since the Arrighi decision (1936), with courts now reviewing most executive actions for compliance with fundamental rights and EU law.

Acte administratif — An administrative decision or measure taken by a public authority. May be regulatory (acte réglementaire) or individual (acte individuel). Regulatory acts apply to all persons in a given category, while individual acts apply to specific persons. The distinction determines the applicable procedural rules and the grounds for judicial review.

Acte juridique — A legal act, such as a contract or will, intended to create legal effects. Distinguished from fait juridique (legal fact), which produces legal effects without intent. This distinction is fundamental to French private law, determining the applicable rules of evidence and validity.

Appel — Appeal. The ordinary remedy against judgments of first-instance courts, resulting in a full rehearing of facts and law before the cour d’appel. The appeal suspends execution of the judgment. The appellate court may confirm, modify, or reverse the first-instance decision.

Arrêt — A decision of a superior court, particularly the Court of Cassation, the Conseil d’État, or a cour d’appel. Distinguished from jugement (first-instance decision). The terminology reflects the hierarchical structure of French courts.

Arrêt de règlement — A decision laying down a general rule, prohibited after the Revolution. French courts may not issue prospective binding precedents. This prohibition maintains the separation of powers by reserving legislative authority to Parliament.

Assignation — The formal document initiating a civil action, served by a huissier de justice on the defendant, specifying the claims and legal grounds. The assignation must include the subject matter, legal basis, and relief sought.

Autonomie de la volonté — Autonomy of the will. The principle that individuals are free to contract on their own terms, a foundation of French contract law. The principle has been qualified by the development of mandatory rules protecting weaker parties.

B

Bloc de constitutionnalité — The set of norms possessing constitutional status: the 1958 Constitution, the 1789 Declaration, the 1946 Preamble, the 2004 Environment Charter, and fundamental principles recognized by the laws of the Republic. The Constitutional Council reviews legislation against the entire block.

Bon père de famille — Reasonable person standard. The objective benchmark for assessing fault in tort law. Although the term has been removed from the Civil Code, the standard remains central to French tort law.

Bonnes mœurs — Good morals. A standard of morality used to invalidate contracts or acts contrary to fundamental social values. Increasingly replaced by the concept of ordre public.

C

Cassation — Quashing of a lower court decision by the Court of Cassation for error of law. The case is remanded to a different lower court. The Court of Cassation does not decide the merits but ensures uniform interpretation of law.

Cause — The reason for an obligation in contract law. Abolished as a standalone requirement by the 2016 contract law reform. The functions of cause survive under new provisions on lawful content and abuse of circumstances.

Chose jugée — Res judicata. The principle that a final judgment binds the parties and bars relitigation. A judgment has autorité de la chose jugée from the moment it is no longer subject to ordinary appeal.

Code civil — The French Civil Code, originally enacted in 1804 as the Code Napoléon. The foundational codification of French private law, governing persons, property, and obligations. Still in force after extensive amendments.

Commettant — Principal. An employer who is vicariously liable for torts committed by employees (préposés) in the course of employment. The employer’s liability is strict, rebuttable only by force majeure or victim fault.

Conseil constitutionnel — The Constitutional Council, France’s specialized constitutional court with jurisdiction over constitutional review. Composed of nine members appointed for nine-year terms.

Conseil d’État — The Council of State. The highest administrative court and legal adviser to the government. Exercises both judicial and advisory functions central to French public law.

Contradictoire (principe) — The adversarial principle requiring that each party be heard and have the opportunity to respond to all arguments and evidence. A fundamental principle of French civil and administrative procedure.

Contravention — The least serious category of criminal offense, triable by the tribunal de police and punishable by fine. May be defined by regulation rather than statute.

Cour d’appel — Court of Appeal. Hears appeals from first-instance judgments on fact and law. France has 36 cours d’appel for the judicial order and 8 cours administratives d’appel for the administrative order.

Cour de cassation — The Court of Cassation, the highest court in the judicial order, reviewing lower court decisions for errors of law. Composed of six chambers, including three civil chambers, one commercial chamber, one social chamber, and one criminal chamber.

Crime — The most serious category of criminal offense, triable by the cour d’assises, carrying penalties exceeding 10 years of imprisonment. Includes murder, rape, and armed robbery.

D

Délit — An intermediate criminal offense, triable by the tribunal correctionnel, punishable by imprisonment up to 10 years. Includes theft, assault, fraud, and drug possession.

Détention provisoire — Pre-trial detention. A preventive measure ordered by the juge d’instruction or the juge des libertés et de la détention for the most serious offenses. Subject to strict time limits and periodic review.

Droit administratif — Administrative law. The body of law governing public administration and disputes involving the state. Developed autonomously from private law by the Conseil d’État.

E

Exception d’illégalité — Plea of illegality. A defense in administrative law allowing a litigant to challenge the legality of a regulatory act in proceedings about an individual act. An exception that may be raised at any time.

Exécution forcée — Specific performance. The civil law remedy requiring a defaulting party to perform their contractual obligations as agreed. The primary remedy for breach of contract in French law, unlike common law where damages are primary.

F

Faute — Fault. The central concept of French tort liability, comprising both intentional and negligent conduct falling below the reasonable person standard. Governed by Articles 1240-1241 of the Civil Code.

Faute lourde — Gross fault. Exceptionally serious negligence or misconduct. In employment law, justifies dismissal without notice. In administrative law, historically required for certain categories of state liability.

Force majeure — Act of God or irresistible force, providing a defense to contractual and tort liability. Defined as an event beyond the debtor’s control that could not reasonably have been foreseen and whose effects could not be avoided.

G

Garde — Custody or control of a thing or person. The gardien of a thing is liable for damage it causes under Article 1242. The concept also applies to parental liability for children and employer liability for employees.