Collège universitaire / Undergraduate Program / Enseignements / Teachings
Course Description : In the French legal system, contract law is the foundation for the comprehension of other ﬁelds of law, which often turn to its provisions to resolve complex legal issues that arise in business practice. For this reason, contract law is generally taught in the second year of studies, with the purpose of familiarizing students as soon as possible with legal terms such as “obligation”, “contract”, “liability”, which will be approached from different angles throughout their university education. The teaching of this course in English allows the students, French or foreigners, to improve their formation in contract law in the language used in international business and to deepen their knowledge in the particularities of French Contract Law through different aspects of comparative law (Common Law, EU law, legislation of other European countries). References to other national legislations, especially to the ones of Common Law countries, give students the chance to identify similarities and differences on speciﬁc topics of contract law and develop an international culture in the ﬁeld. Based on interactive lectures of two hours per week and on material support shared online every week, students are encouraged to think, compare and understand profoundly the contractual techniques and methods. The objective of this course is to provide students with a critical qualiﬁcation and ability to express themselves in English on sophisticated issues of French and comparative contract law. The ongoing process for the revision of the French Civil Law of the obligations, which will be accomplished during Spring 2016 constitutes an excellent occasion for profound and comparative thought on fundamental concepts of Contract Law utilized by most of the legal systems all around the globe. Required reading : J. BELL, S. BOYRON, S. WHITTAKER, Principles of French law, Oxford University Press, 2nd edition, 2008 ; B. NICHOLAS, The French law of contract, Oxford University Press, 2nd edition, 1992 ; E. STEINER, French law : a comparative approach, Oxford University Press, 2010.
Teachers : Maria DE LA COLINA (Associate). Pedagogical Format : Lecture and tutorials Senior lecturers : Ghazal MIYAR (Doctorante). Course validation : Requirements and grading : - Written Final exam : 1/3 of ﬁnal course mark. - Tutorial : 2/3 of ﬁnal course mark (mid-term exam (60%), in-class participation (10%), presentation of a judicial/arbitral decision or an academic piece (30%). Pedagogical Method : A. Building the Conceptual Bases. Session 1 : The concept of law. What makes law different from other norms ? Main schools of thought : naturalism, positivism, constructivist approaches and critical legal studies. Session 2 : What is a legal system ? Can there be law without such ? The hierarchy of domestic legal norms within the domestic law both in federal and unitary states. Session 3 : Distinction between domestic, international (private and public) and transnational Law. The hierarchy between legal norms of different sources. Session 4 : Distinction between private and public law. The focus will be on criminal, constitutional and administrative law and on extra-contractual and contractual liability. B. Fundamental Principles of Law and Their Application in Different Areas. Session 5 : Introduction : General Principles of Law and their Cross-cutting Application in Domestic Law. Session 6 : The Principle of Good Faith and the Prohibition of Abuse of Rights Session 7 : The Principle of Non-retroactivity of the Law and its Derivations Session 8 : The Principle of res judicata and lis alibi pendens. C. Fundamental Principles of Law and Their Application in Different Legal Families Session 9 : Introduction and Brief Historical Review of the Main Legal Traditions Session 10 : Civil Law Session 11 : Common Law. Session 12 : Islamic Law. D. Conclusion. Course Description : The course will consist in an introduction to law and to the differences 3