Civil Law: First Year Overview

• These study notes cover key concepts of civil law for first-year law students

General Program and Presentation

• Key principles of law must be emphasized, as the importance of general regulations and overall structures are essential to avoid getting lost in law
• The course aims to provide a comprehensive overview of civil law, covering themes introduced in subsequent years of law studies

Addressed Topics in Detail in Later Years

• Introduction to law will be reviewed in L1

• The law of persons will be covered in L1

• Property law will be explored in L1

• Contract law will be taught in L2

• Civil liability law will be studied in L2

• Family law in either L1 or subsequent years of L3 depending on the university

• The course is designed to serve as a foundation, offering guidance and reflexes relevant to professional life and further legal studies

• Civil law is one of three annual subjects in the first year, alongside commercial law and public law

• It's an introduction to basic areas of general private law, legal vocabulary, and legal mechanisms

• The course will cover principles, significant issues, and technical aspects

Tools for the Course

• A polycopied written course authored by Marine Ranouil
• A workbook that supports both the polycopied course and the text
• Liaison bulletins that provide students with summaries, updates, and exercises
• A practical exercise corrected audio to help students prepare
• Online training assignments for evaluations
• Exam papers from previous years in PDF format
• A discussion forum for asking questions and discussing subjects

Recommended Reading

• P. Voirin, G. Goubeaux, Droit civil, tome 1, 40th ed., LGDJ, 2021
• M. Ranouil, Les bases du droit civil, Belin PUF, colL. Major, 2020
• A current civil code and a law dictionary are very useful

Exam Details

• Written exams take place at the end of the year, usually in May
• Students can choose between two subjects: a theoretical topic (dissertation) or a practical case study
• Mastery of the course material, understanding the main logic, and underlying concerns are important
• Code civil is allowed
• Oral exams take place after written exams, with a preperation and then presentation
• The Code civil is not allowed
• All subjects covered throughout the year can be included on the exam

Introduction to Law: Session Plan

Sources of Law

• Key concepts include objective law, subjective law, property rights, extra-patrimonial rights, real rights, personal rights, legal acts, legal facts, double degree of jurisdiction, different courts, appeal, cassation, hierarchy of standards, law, regulation, jurisprudence, doctrine, control of constitutionality, control of conventionality
• Relevant articles: Article 55 of the Constitution, Article 4 of the Civil Code
• Text: The Bible, Decalogue, Exodus 20:1 to 17
• Landmark court cases: Ch. Mixed, May 24, 1975; CE October 20, 1989; CC July 16, 1971

Application of Law Over Time

• Key concepts: immediate application, retroactive application, survival of the old law
• Relevant article: Article 2 of the Civil Code
• Landmark court cases: Soc. November 8, 1990; Civ. sect. Com., June 15, 1962; Civ. February 17, 1937

Evidence

• Key concepts: burden of proof, simple assumptions, conclusive presumptions, written or legal proof, free proof, authentic instruments, private agreements, evidence by witnesses, evidentiary presumption of fact of man, the beginning of proof in writing, faithful and durable copy, physical or moral impossibility, admission, oath
• Relevant articles: Articles 1315, 1326, 1341, 1347 and 1348 of the Civil Code
• Landmark court cases: Civ. 1st, May 27, 1986; Cass. July 19, 1978

Hierarchy of Legal Sources and Relations Between Law and Morality

• The Court of Cassation deems that domestic judges can dismiss domestic law application when it violates community law, even if the domestic law was introduced later

People and Disabilities: Session Plan

People: Rectification of Civil Status Certificates and the Right to a Name

• Key areas: legal entities, companies, associations, disappearance, absence, home, civil status, irregularities of civil status, rectification procedure, state action, characteristics of the name
• Relevant sections: Articles 55, 57, 60 and 102 of the Civil Code
• Relevant cases: Ass. Plen., December 11, 1992, JCP G. 93, II, 21991; Civ. 1st, March 15, 1988, D. 1988, p. 549

Disabilities: Scope of Incapacity of a Minor

• Key concepts: capacity, power, inability to enjoy, exercise, legal enjoyment, simple legal administration, legal administration under judicial control, family council, conservative acts, acts of administration, acts of disposal for consideration and free of charge, future protection mandate, support measures, placement under safeguard of justice, guardianship, curatorship, rescission for harm
• Relevant sections: Articles 1123, 465, 1305, 425, 415, 477, 440
• Relevant cases: Civ. June 18, 1844; Civ. March 25, 1861

Rectification of Civil Status Certificates

• Judicial rectification procedure cannot directly be used if the intention is to modify the individual's status, an action must be brought before the TGI

The Right to a Name

• A name isn't lost through disuse
• If someone has had loyal and prolonged possession of someones name, they have a right to it
• Right to reclaim an ancestor's name isn't lost when anothers name was used by ancestors closest kin

Scope of a Minor's Incapacity

• When a minor enters into an agreement without a legal representative, it doesn't have to be cancelled unless the minor suffered damages

Action Items to Review

• What rules from the Decalogue have passed into French positive law?
• Find two articles from the Penal Code and two from the Civil Code that show that

Property Law: Session Plan

Characteristics of Property Law

• Key areas: absolute right, total, exclusive, perpetual, individual, abuse of property rights, abnormal neighborhood disturbances, collective ownership, joint ownership, joint ownership, real dismemberment rights, usufruct, servitude, ownership of the top and bottom, action in vindication
• Relevant articles: Articles 544, 478, 637 of the Civil Code
• Cases to Review: Cass. Req. August 3, 1915; Cass. Civ. 2nd, January 3, 1969; Cass. Civ. 3rd, November 16, 1986; Ass. Plen. June 23, 1972

Possession Factors

• Key factors: animus, corpus, secrecy, ambiguity, violence, continuous, possessive actions, good faith, precarious detention
• Relevant chapters: Articles 2255, 2256, 2257, 2258, 2261, 2272, 2276, 2277 of the Civil Code
• Cases include: Cass. Civ. 1st, May 3, 1960; CA Colmar, July 8, 1960; Cass. Civ. June 4, 1904; Cass. Civ. 3rd, May 24, 1972; Cass. Civ. 1st, December 22, 1964

Ownership Acquisition Aspects

• Key actions: acquisitive prescription, usucapion, occupation, accession, transfer of property solo consensu, impenses, encroachment, and good faith
• Articles to review: Articles 1138, 555, 546, 545 of the Civil Code
• Text to read: The Cat, the Weasel and the Little Rabbit, Jean de la Fontaine
• Landmark Cases: Amiens, December 9, 1942; Cass. Civ. 1st, June 18, 1970; Cass. Civ. 3rd, June 26, 1979; Crim May 14, 1958

Abuses of Property Rights

• Jurisprudence mitigates the absolute nature of property rights by penalizing the abuse of the right of ownership
• Abusing this right can result engaging responsibility

Troubles of neighborhood

• A property owner’s responsibility can derive from any nuisance caused to others that exceeds the normal inconveniences of neighborhood

Obligations: Session Plan

Contract Formation Topics

• Consent, offer, acceptance, error, dol, violence, object, cause, injury, absolute nullity, relative nullity
• Articles to review: Old articles 1108, 1109, 1110, 1116, 1131 of the Civil Code
• Landmark cases to review: Cass. civ. 1st, February 22, 1978, Poussin; Cass. civ. 1st, March 24, 1987, Fragonard; Cass. Ass. Plen., May 31, 1991; Cass. civ. 3rd, September 21, 2011; Cass. civ. 1st, October 7, 1998

Contract Effects

• Areas: contractual responsibility, specific performance in kind, and performance by equivalent, obligation of means, obligation of result, compensatory damages, moratory damages, exception of unenforceability, effect relative to contracts, stipulation for others, promise of strong hold
• Relevant Articles: Old articles 1134, 1141, 1165, 1184, 1121 of the Civil Code
• Relevant case: Civ. January 16, 1888 (excerpt)

Civil Liability

• Key aspects: damage, prejudice, loss of chance, generating fact, fault, liability for the act of others, guardian of the thing, principal, agent, causation
• To Review: Old articles 1382 and 1384 of the Civil Code
• Landmark cases: Cass. civ. 2nd, May 12, 1966; Cass. Ass. Plen., May 19, 1988; Cass. Ass. Plen. February 25, 2000, Costedoat (excerpt); Cass. civ. 2nd, February 19, 1997, Bertrand; Cass. civ. 2nd, May 10, 2001, Levert; Cass. Ch. Réunies, December 2, 1941, Franck; Cass. Ch. Réunies, February 13, 1930, Jand'heur
• Text: Extract from the law of July 5, 1985

Contract Formation

Consent

• Mistake over quality voids a contract

Object

• It is illegal to contract to conceive and carry a child and thus that contract has no validity

Contract Effects

• The third-party beneficiary of a stipulation for others, who accepted it, has a direct, irrevocable right to require a promise
• What is deemed necessary for housekeeping is accomplished by one partner, both are held in solidarity

Family Law: Session Plan

Marriage

Key Aspects

• Marriage, PACS, concubinage, simulated marriage, opposition, prohibitive impediments, putative marriage, duty of cohabitation, duty of fidelity, duty of assistance, duty of respect, duty of relief, contribution to the expenses of the marriage, maintenance of the household
• Legal Chapters: Articles 144, 146, 165, 180 et seq., 203 et seq., 212, 220, 222 of the Civil Code
• Historic Cases: CA Bastia, June 27, 1949; CA Paris, July 7, 1973; Cass. civ. 1st, November 20, 1963; CA Versailles, June 15, 1990; CA Rouen, December 22, 1970; TGI Saint-Brieuc, June 1, 1967; TGI Dignes, June 30, 1972

Divorce

Elements

• De facto separation, separation from bed and board, divorce by mutual consent, for fault, accepted divorce, divorce for permanent alteration of conjugal bond, right of access and accommodation
• Legal Aspects: Articles 229, 230, 232, 233, 237, 238, 242, 245 of the Civil Code
• Cass. civ. 2nd, October 15, 1981; Cass. civ. December 10, 1980; Cass. civ. 2nd, November 5, 1969; Cass. civ. 2nd, January 3, 1979

Affiliation

Factors

• Legal period of conception, possession of status, presumption of paternity, recognition, action to find paternity or maternity, action to contest maternity or paternity, simple adoption, full adoption
• Law: Articles 311-1, 332, 343 et seq., 360 et seq. of the Civil Code
• Previous Cases: CA Paris, December 22, 1972; Cass. civ. 1st, March 23, 1994; Cass. civ. 1st, January 4, 1995