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All Journal International Journal of Supply Chain Management JILS (Journal of Indonesian Legal Studies)
Mallet, Pierre
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Decision Sciences, Operations Research & Management Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Transportation

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Information Management for the Fate of the Limitation of Liability Clauses After the Termination of the Contract in French Law Mallet, Pierre; Flayyih, Najlaa T
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5672

Abstract

The termination of a contract for non-performance does not preclude the application of the limitation of liability clause that was provided for in the contract. This clause therefore survives the retroactive annihilation of the contract following resolution. However, the scope of such a solution must be carefully considered. After the two rulings of the Cour de cassation (French Supreme Court) that ruled on the survival of limitation of liability clauses, the first of October 5, 2010, handed down specifically on the subject of a limitation of liability clause, and the second of May 3, 2012, which concerned all “contractual stipulations governing the conditions and consequences of its unilateral termination”, the Commercial Chamber of the Cour de cassation revived the plot by restoring, in a ruling of February 7, 2018, the full effectiveness of the limitation of liability clause in the event of termination of the contract for non-performance. There is no doubt that the letter of the new article 1230 of the Civil Code, resulting from the order of February 10, 2016, will have guided the spirit of the advisers. Henceforth - says the law- “the resolution does not affect either the clauses relating to the settlement of disputes, or those intended to take effect even in the event of resolution”. So in both the old and new contract law, limitation of liability clauses have a bright future ahead of them
The Limits of Contractual Freedom: Analyzing the Admissibility and Exceptions of Agreements Limiting or Excluding Tort Liability under French Civil Law Mallet, Pierre; Nassar, Hala
Journal of Indonesian Legal Studies Vol. 10 No. 2 (2025): Legal Responses to Technological Innovation and Governance Challenges in Indon
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i2.6760

Abstract

Under French civil law, agreements that exclude or limit tort liability have traditionally been deemed null and void on grounds of public order, in stark contrast to the broad contractual freedom permitted in contractual liability. This paper examines the core legal question of when, if ever, such clauses may be valid, analyzing the narrow exceptions emerging in doctrine, jurisprudence, and, most significantly, the 2020 draft reform of French civil liability. The study identifies three key exceptions to the general prohibition: (1) clauses remain invalid in cases of gross negligence or intentional wrongdoing; (2) any exclusion or limitation of liability for bodily injury is categorically prohibited; and (3) consumer protection rules, particularly under EU-inspired unfair terms legislation, further restrict enforceability in B2C contexts. While current law maintains a rigid prohibition, the proposed reform (Articles 1284-1286) tentatively embraces the principle of validity, albeit confined largely to no-fault or vicarious liability scenarios, marking a pivotal shift toward aligning French law with comparative legal trends. The paper critically assesses this evolution, weighing the tension between contractual autonomy and the protective imperatives of tort law.
Co-Authors Flayyih, Najlaa T Nassar, Hala