Strani pravni život (Jan 2020)
Adhesion contracts in French law
Abstract
The paper starts from adherence to a contract that is functionally understood as consent of the will, although it has certain specificities, which is why it is defined in all legal systems as a special legal regime that essentially applies to all forms of contract prepared by one party, regardless of the existing terminological and conceptual differences. French contract law, as otherwise very influential in the world and with the most influential civil codification ever, has influenced many legal systems, including Serbian. The impact is primarily reflected in the term adhesion contracts, which today, both in that original form and their translated versions - contracts upon accession and contracts by consent - are still connected with the French law. Theoretical postulates of this concept in France and its adoption, i.e. reception in domestic civil law science, as well as legal regime in amended French Civil Code are explored. The focus is on the extended authority of the court to intervene in private contractual relations, as well as the current tendencies of introducing rules primarily designed for consumer contracts and consumer protection into the general contract law regime, i.e. the process of adopting them as general rules of contract law.
