Reform of contract law - New mechanisms (3/4)

The revision of the contract by the judge in the event of unforeseeability

Until now (excluding the revision clause of course), if a contract turned out to be unfavorable to one party, the judge refused in principle to modify it (Canal de Craponne case), and the victim could find help only in a request for time limits grace (article 124461), the law of collective proceedings, or the option of unilateral termination in particular for permanent contracts.

Article 1195 introduces a power of a posteriori revision of the contract, first between the parties, and if unsuccessful, by the judge, under certain conditions. He can be (…)