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Law Review

The Montesquieu Law review shall be available either to read or download via this page. It shall be published as a quarterly digital publication, including two special issues every year, showcasing the best of legal academic writing and research.

Taken together, the two general issues published annually will provide readers with a broad overview of developments in each specialism in French law over the course of each legal year, while the special issues will closely examine topical, often contentious subjects.

All articles featured in the Review will be available to view online and download free of charge. Further free content, such as newsletters, podcasts, videos and discussion forums, will be added over time to complement the general and special issues. We hope that this approach to making French law accessible to a wider, non-French-speaking audience, making full use of evolving internet technologies and techniques, will help to make the Montesquieu Law Review innovative and appeal to a wide audience.

This new digital publication will therefore seek to break new ground on a number of levels: French law presented in English from a perspective that will be of interest to an extensive readership; establishing the intrinsic value of French national law on an international level; giving French law a place in engaging in and expanding international legal dialogue.

Check out our Latest News page for updates.

Papers and articles may be submitted for inclusion in the Law Review, subject to approval from the Scientific and Editorial Boards.

  Submitting a paper

Online papers and downloads:

Issue 6 December
2017

Download Issue no.6
(English only this edition)

Contents this issue

Special Issue: The Reform of French Contract Law

Editorial:
The Spirit of the Reform of French Contract Law
François Ancel, judge at the Tribunal de grande instance, Paris
Abstract
Full text (English)

I. The Characteristic Aspects of the Reform

The Contract, Definition and Classifications: Reflections in the Light of the Ordinance of 10 February 2016
Professor Suzanne Lequette, Université de Picardie Jules Verne
Abstract
Full text (English)

What is the Scope of the Principles of Contractual Freedom, Certainty and Good Faith?
Professor Denis Mazeaud
, University of Paris II (Panthéon-Assas)
Full text (English)

The Creation of a Legal Theory of the Conclusion of the Contract
Professor Laura Sautonie-Laguionie
, IRDAP, University of Bordeaux
Abstract
Full text (English)

The Abolition of the Cause: a Clean Slate and New Bases for Court Intervention (Standard-Form Contracts, Dependence, Error)?
Professor Judith Rochfeld
, IRJS, Sorbonne School of Law, University of Paris I (Panthéon-Sorbonne)
Abstract
Full text (English)

The Search for a Global and Lasting Contractual Balance: the Content of the Contract and the Change of Circumstances
Professor Olivier Deshayes
, University of Cergy-Pontoise
Abstract
Full text (English)

Establishing an Ordinary Law of Representation in the Civil Code
Professor Guillaume Wicker, IRDAP, University of Bordeaux
Abstract
Full text (English)

Abandoning the Classification of Obligations: what Consequences for Assessing the Effects of the Contract?
Professor Thomas Génicon, Université de Rennes I
Full text (English)

Penalties for Contractual Non-Performance: the Art of Doing Something New with Something Old, and Vice Versa
Professor Hélène Boucard
, Équipe de recherche en droit privé (EA 1230), University of Poitiers
Abstract
Full text (English)

The Circulation of Contracts and Obligations: Reinforcing the Objectification of Undertakings?
Professor Valérie Lasserre
, Université du Maine
Abstract
Full text (English)

II. The Impacts of the Reform

The New French Contract Law in the International Sphere
Professor Bénédicte Fauvarque-Cosson, University of Paris II (Panthéon-Assas)
Full text (English)

The Impact of the Reform on Economic Law
Didier Ferrier, Emeritus Professor
, Université de Montpellier
Abstract
Full text (English)

Company Law and the Reform of Ordinary Contract Law
Professor Bernard Saintourens, IRDAP, University of Bordeaux
Abstract
Full text (English)

The Impact of Civil Code Reform on Administrative Contracts
Professor Jean-François Brisson, University of Bordeaux
Abstract
Full text (English)

II. International Perspectives on the French Reform

The Franco-Quebecois Paradox of the Cause
Honourable Benoît Moore, Justice of the Superior Court of Québec
Abstract
Full text (English)

The Reform of French Contract Law – a German Perspective
Professor Reiner Schulze, Centre for European Private Law, University of Münster
Abstract
Full text (English)

The Romanian Perspective on the New French Contract Law
Professor Råzvan Dincå, Vice-Dean of the Faculty of Law, University of Bucharest
Abstract
Full text (English)

 



MLR Issue 5  March 2017


MLR Issue 3 October 2015
 
Back Numbers:
       
Issue 5 March 2017

Download Issue no.5
(English)
Download Issue no.5
(Français)

Published in March 2017, Issue 5contains a selection of articles on a variety of topics, including:

the French state of emergency and criminal law;
 patients at end of life;
the concept of “ship” under French law;
the delicate issue of revisionism and freedom of speech in a democratic, pluralistic society.

Late 2017 will see the publication of several more editions, together with the addition of further materials and jurisprudential resources to the Key Materials page. Other exciting developments, including videos and podcasts on the latest developments in French law, are in the pipeline.

Issue 5:Individual article downloads and abstracts

Montesquieu law Review Edition 5  

Issue 4 March 2016

Download Issue no.4
(English)
Download Issue no.4
(Français)

Published in March 2016, Issue 4 contains a selection of articles on a variety of topics, including:

the new EU Regulation on insolvency proceedings;
counsel's right to criticise outside the courtroom;
Zola's perspective on female labour; damage arising from anxiety, as enshrined by the Conseil d'Etat;
the issue of applied global legal pluralism.


You can download the full publication by following the link above, or download individual articles by visiting the Issue 4 back numbers page

Issue 4:Individual article downloads and abstracts
Montesquieu law Review Edition 4
 

Issue 3 October 2015

Download Issue no.3
(English)
Download Issue no.3
(Français)

The third edition of the Montesquieu Law Review is now available as a free download from this website. Downloads of all the individual articles and of the complete third edition of the Montesquieu Law Review are available (in English and in French).

This second general issue of 2015 contains a selection of articles on a wide variety of topics, including: the ongoing task of reforming the French law of obligations; body perception and France’s health laws; the ECHR’s decision on the French ban on the concealment of the face in public places; trade union law and the French armed forces; the latest developments in the repression and prevention of terrorism under French criminal law; and a new translation of Prof. Alain Supiot’s seminal article on the importance of labour law.

You can download the full publication by following the link above, or download individual articles by visiting the Issue 3 back numbers page.

Issue 3 :Individual article downloads and abstracts
Montesquieu law Review Edition 3  
Issue 2 July 2015 Special Edition

Download Issue no.2
(English)
Download Issue no.2
(Français)

Issue 2 published in July 2015 was a special issue on the subject of 'Privacy' including the right to a private life and the protection of personnel data in the age of the 'War on Terror'.

This Special Issue contains articles on
'The right to respect for private life: an effective tool in the right to be forgotten?' by Associate Professor Maryline Boizard, 'The personal life of the employee versus the interests of the company ' by Associate Professor Chantal Mathieu, 'The war on terror and the protection of personal data' by Professor Philippe Ch.-A. Guillot and 'The fatal metamorphoses of image rights ' by Professor Isabelle Tricot-Chamard among others.

You can download the full publication by following the link above, or download individual articles by visiting the Issue 2 back numbers page.

Issue 2 :Individual article downloads and abstracts
Montesquieu law Review Edition 2
 

Issue 1 January 2015

Download Issue no.1 (full - this edition is in English only)

The first 'General' issue of the Montesuieu Law Review was released in January 2015, and contained articles on many aspects of French law, including subjects as diverse as 'The Dieudonné case: freedom of expression, freedom of assembly and public order requirements' by Professor Aude Rouyère, 'End of life: on the Vincent Lambert case' by Associate Professor Cécile Castaing and Associate Professor Marie Lamarche and 'The introduction of class actions in French law' by Associate Professor Françoise Gonthier, 'The curious process reforming France's law of obligations' by Professor Hélène Boucard and much more besides, with Editorials by Professor Jean-Bernard Auby and Professor Mireille Delmas-Marty, as well as Professor Olivier Dubos.

You can download the full publication by following the link above, or download individual articles by visiting the Issue 1 back numbers page.

Issue 1 :Individual article downloads and abstracts

Montesquieu law Review Edition 1      
 
   
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