A Critical Review of the 2016 French Civil Code Reforms on the Fulfillment of Obligations Without Absolute Termination Rights: Feasibility Analysis for Application in Iranian Law

Abstract

The French Civil Code, which had undergone no significant reforms for decades, experienced substantial changes in 2016 following numerous developments. These changes have profoundly impacted the legal framework, particularly in the area of obligations. This domain has introduced innovations that were previously absent. Although Article 8 discusses the objectives of the reform, especially regarding general obligations and contracts, it seems the reforms extend beyond these goals, bringing fundamental transformations to this field. The critical question is: What innovations does the French Civil Code offer in the realm of fulfilling obligations without the exercise of absolute termination rights? This analytical-descriptive study, conducted through library-based research, critically examines the reforms in the French Civil Code concerning the fulfillment of obligations without absolute termination rights. The findings reveal that these changes are predominantly applied in areas related to economics and commerce. Significant reforms include pre-contractual relationships, preferential agreements, unilateral promises, unfair terms, breach of contract, interpretation and invalidation of contracts, hardship, force majeure, contract transfers, and related rights and obligations.