Author: Pascale ACCAOUI LORFING
N0:5 of 2018
The theory of imprevision is now recognised in French Civil code. Article 1195 para.1 of the French civil code specify its conditions. Paragraph 2 indicates its effects on the parties and figures out the power of the judge towards the contract. Article 1195 grants a predominant role to the parties’ will in the search of a solution to the change of circumstances that impacts the contract execution rendering its performance by a party excessively onerous. It establishes an obligation to renegotiate the contract by the parties. The judge's intervention to revise the contract or to terminate it implies that parties attempt to adapt the contract or to rescind it, while it is requested by one or both parties. The imprecision as to the scope of the judge's power over the contract may however be enhanced by an analysis of comparative laws that recognise the hardship theory.