French Private Law II
Essex Law School
Undergraduate: Level 5
Thursday 05 October 2023
Friday 15 December 2023
18 October 2023
Requisites for this module
LW106 and LW112
LLB M122 English and French Law (Maitrise),
LLB M123 Licence English and French Law (Double Degree)
Compulsory for students of the LLB English and French laws. It gives an overview of the French law of obligations (contracts and torts) such as:
Principles of obligations and historical background ; formation of contract; effects of contract; remedies in case of breach of contract; general principles of Tort Law.
This module focuses on the legal methods specific to French law (especially commentaire d'arrêt).
At the end of this module students have the necessary background in the law of obligations (including the efficient use of the civil code) to pursue their studies in French private law in the partner universities in France.
The module aims at providing students with French legal analytical and critical skills.
At the end of the module, students will:-understand the specific requirements of French law of obligations.
1. master the use of the Civil Code
2. have acquired excellent knowledge of key case law in the area of law of obligations
3. have acquired good critical assessment of the legal evolution in this area
4. Master the methodology of the commentaire d'arrêt
Upon completion of the module, students should be familiar with French culture and have gained an understanding of the functioning of the French legal system. They should also have mastered the skills to write a commentaire d'arrêt
Lecture 1: Introduction to the law of obligations and introduction to contract law
Lecture 2: Pre-contractual phase and Formation of contract (capacity)
Lecture 3: Formation of contract (consent)
Lecture 4-5: Formation of contract and sanction (contenu licite et certain)
Lecture 6: Effect of contract between the parties
Lecture 7: Effect of contract with regard to third parties
Lecture 8: Breach of contract and remedies (1)
Lecture 9: Contractual liability and introduction to tort law
Lecture 10: Damage and causation
Lecture 11:Liability for fault
Lecture 12: Liability for damage caused by things
Lecture 13: Vicarious liability
To achieve the module outcomes, students will have lectures that will transmit the necessary knowledge of the French legal system and culture, as well as tutorials that provide the opportunity to demonstrate understanding, reasoning and analytical skills, and to master the technique of the commentaire d'arrêt.
This module is taught via weekly lectures and tutorials as well as pre-recorded videos and other learning tools available on the Moodle platform. The module teaching team will produce and make available on Moodle short guidance notes. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular small assessed activities to enable you to reflect upon and track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's reading list
Assessment items, weightings and deadlines
|Coursework / exam
|Continuous Assessment (LW208 Droit privé)
|Main exam: In-Person, Open Book (Restricted), 180 minutes during January
|Reassessment Main exam: Remote, Open Book, 24hr during Summer/Long Vacation
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Module supervisor and teaching staff
Dr Emmanuelle Lemaire, email: email@example.com.
Law Education Office, firstname.lastname@example.org
Dr Marie-Luce Paris
University College Dublin
Available via Moodle
Of 137 hours, 21 (15.3%) hours available to students:
0 hours not recorded due to service coverage or fault;
116 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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