6 - Observations on the Reform of the French Law on Contractual Interpretation

Summary

The chapter considers four aspects of the law of contractual interpretation in France that were affected by the reforms of the French Civil Code in 2016. It looks at the dichotomy between the subjective and objective approaches to interpretation, the codification of the dénaturation power of the Cour de cassation, the relationship between interprétation créatrice and interprétation explicative, and the application of the contra proferentem rule in the context of the interpretation of standard-form contracts. The innovations in the reforms are an improvement on the previous set of rules on interpretation. Whilst some controversies remain, the new principles address several of the long-running debates that were live before the reforms. They also bring a more modern and international approach to French contract law, which in part can be attributed to the extent to which the drafters were inspired by and drew upon a number of the international contract law instruments.