French Contract law help

[Aaronkiwi]

Good Morning,

I am after some advice about French Contract law. In New Zealand we use Westminster Law which a contract can be entered into be agreeing to the conditions.

Here is an example of what I am trying to get my head around:

When parkers use a car park they are entering into a contract with the car park operator. The terms of the contract are set out on the “Important Notice to People Entering this Carpark with a Vehicle" signage and on the internal car park signage. These signs are displayed prominently at the car park. The breach notice fee, which is also clearly displayed in this carpark, is a contractual term of the contract and can be enforced by the car park operator as its terms of contract. The breach notice fee is the cost of enforcing the car park's terms and conditions of parking. This fee is payable under the contract and is not a penalty, nor a fine.

I really would like to know if the above holds true

under French Contract law? Could the same be applied to French Contract law?

As their way of dealing with contracts is slightly different when compared to Westminster law.

[Tancrède]

[quote user="Aaronkiwi"]Could the same be applied to French Contract law?

As their way of dealing with contracts is slightly different when compared to Westminster law.[/quote]If you want to understand the basic technicalities of the law of contract in France and its differences from Common Law, your first port of call is the Code Civil, which can be consulted here :

https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070721

 

Scroll down to Livre III, titre 3 for the law of contract.

The matters that you refer to  -  what constitutes a contract, its parties and its terms  -  are dealt with in the opening articles, No 1101 - 1165.

The site is extremely lucid, and there are explanations and references for the various articles.

[EuroTrash]

As a general rule, it's best to wipe out of your mind everything you know about other countries' legal systems, find out what the law says in France, and resist the temptation to try and assimilate with other legal systems. French legislation is the only law that's relevant here and whilst it is sometimes very similar to other countries' laws, it is rarely identical.