On Thursday, September 6, 2018, Nicolas Clément, a doctoral student in private law at the Centre de Droit Privé et Public des Obligations et de la Consommation (CDPPOC), will submit his thesis "Les sources d'obligations à l'heure de la réforme du Code civil. Essai de théorisation".
The defense will take place at 2pm, at theUniversité Savoie Mont Blanc presidency, room 3, in Chambéry.
Summary of the thesis
The bicentenary of the Civil Code was a time for taking stock; the reform of the Civil Code is a time for looking ahead. Or rather, a perspective: that of the sources of obligations which, although it sets the line for the provisions of the new Title Ill of Book 111, nevertheless remains to be drawn in their image. This statement may come as a surprise. Indeed, it is often argued that the reform is, in many respects, part of a continuity, and that there are no concepts whose contours have been better traced in the course of history than those of contract, quasi-contract, civil liability or unilateral commitments of will. Yet who can fail to see that this impression of unshakeable constancy could well be due to the indistinctness of a new law still moving in limbo? The present work intends to take advantage of the caesura introduced by the reform to take a look back at our doctrines. Unlike the practitioner, who dreads the jolts, the theorist is not afraid of the movements of the law, which offer an opportunity to contemplate the fundamental dynamics at work. A study of the changes brought about by the reform of the law of obligations, carried out from both a historical and a systematic perspective, will reveal, both at the level of each particular source and at their conjunction, major upheavals that could well make it impossible, in the future, to think theoretically about the renovated work in any other way than through a new paradigm...