On Thursday, September 6, 2018, Nicolas Clément, a doctoral student in private law at the Center for Private and Public Law on Obligations and Consumption (CDPPOC), will defend his thesis entitled "Sources of obligations at a time of reform of the Civil Code: An attempt at theorization."
The defense will take place at 2 p.m. at the University of Savoie Mont Blanc, Room 3, in Chambéry.
Thesis summary
The bicentennial of the Civil Code was an opportunity to take stock; the reform of the Civil Code opens up new perspectives. Or rather, one perspective: that of the sources of obligations, which, although it sets out the provisions of the new Title III of Book 111, remains to be defined in their image. This statement may come as a surprise. It is often argued that the reform is, in many respects, a continuation of the past, and that there are no concepts better defined throughout history than those of contract, quasi-contract, civil liability, or unilateral commitment of will. Who cannot see, however, that this impression of unshakeable constancy may well be due to the indistinctness of a new law that is still in limbo? This work aims to take advantage of the break introduced by the reform to take a look back at our doctrines. Unlike practitioners, who fear upheaval, theorists do not fear changes in the law, which allow them to contemplate the underlying dynamics at work. The study of the changes brought about by the reform of the law of obligations, conducted from both a historical and systematic perspective, will thus reveal, both in terms of each individual source and their combination, significant upheavals that could well prevent us, in the future, from thinking theoretically about the revised work other than through a new paradigm...