أهم التعديلات التشريعية المتعلقة بفسخ العقد غير محدد المدة و تحديد المقابل بالإرادة المنفردة في القانون المدني الفرنسي المعدل عام 2016 و 2018

Abstract EN

Like many Laws in the Arab World, the French Civil Law did not organize the unilateral termination of an open ended contract, except in few exceptional cases.

However, the French courts have authorized this in all types of continuous contracts, for any reason whatsoever, provided that the party serves a notice period.

After the amendment of the French Civil Law in 2016 and 2018, the latter authorizes any party to terminate the contract unilaterally, for any reason whatsoever, provided that the party serves a notice period as agreed upon.

In case the parties did not agree on the period, a reasonable period shall be applicable.

But, what is the procedure to follow? What are the criteria of a reasonable period? What if the agreed notice period was not reasonable, like in case of contracts of adhesion? In addition to that, the amended French Civil Law has given the right to a party to few contracts to unilaterally fix the consideration.

What are these contracts? Do the courts control the abuses that may be committed by the party ?