The 2016 reform of the Civil Code introduced a legal earthquake: the recognition of unforeseeability. In this analysis published by MEDEF Paris, Maître Patricia Guyomarc’h and the team from CG Law they are deciphering Article 1195, which now allows the renegotiation of a contract in the event of a change in unforeseeable circumstances making its performance excessively onerous.
For the firm CG Law, this evolution is an opportunity to modernise French law compared to Anglo-Saxon systems, but it carries risks for contractual stability. Maître Guyomarc’h highlights a crucial point for directors: the judge can now intervene to revise or terminate a contract in case of failed negotiations.
The firm's expertise is indispensable here to «lock down» contractual clauses from the outset. By advising its clients on the inclusion of clauses for hardship or, conversely, on the conventional exclusion of this right of revision, CG Law allows companies to maintain control over their freedom of will and prevent the risks of judicial destabilisation of their business relationships.
