Background

Continental legal systems are actually based on three main sources: the law, which is usually codified; case law, which consists of the most significant decisions that interpret it, and doctrinal rationalization work done by scholars. Thus the most iconic piece of legislation of our legal tradition, the civil code, is still taught based on a coherent presentation of texts and case law by the great authors of the doctrine. However, since an initiative dating back to1953, no doctrinal work on a comprehensive legislative package has been published for any non-French speaking audience. There is no French doctrine writing available, which covers the entire Civil Code field. There are some presentations in English, but they are the work of foreign authors and are not systematically updated. The target audience, graduate students and legal professionals, and foreign decision makers only have access to text that has been itself translated, namely through the official Légifrance website, and a number of studies on specific issues, but not a comprehensive reference document.

The idea is to write a doctrinal work that presents a concept developing over the entire field of the Civil Code, clarifying the text of important decisions and stressing overall consistency. By mobilizing a team of specialists from the different fields involved, a doctrinal work comprising about a thousand pages, written specially for a foreign audience, unfamiliar with French law, will be released in late 2010 in French, English and Spanish.

The role of the Fondation is to coordinate this project, publish and distribute this work on doctrine.

This work will be the first volume of a collection that will focus the attention of foreign legal professionals on our law, and ultimately encourage them to refer to French origin sources. The follow up may take the form of translations into other languages (Mandarin, Russian, Arabic, Portuguese ...) and regular updates.

The Objective

Produce and distribute a work on Civil Code doctrine in foreign languages.

The Means

A team of experts under the coordination of Mr. Grimaldi, President of the Scientific Council of the Fondation.

Translation, distribution and communication provided by the Fondation pour le droit continental.

The Prospects

Offer the project in the classes of comparative law abroad, and thus transform it into an international standard, along with reissues and annual updates. Translations in additional languages will enhance its impact. The ultimate goal is to develop a doctrinal collection covering other areas of law.

The main objective is to achieve a balanced budget for the auto financing of the operation through the sale of this work. However, the operation may be profitable and provide revenue for the expansion of the collection.

Finally, the Fondation relies on a demonstration effect from counterpart continental law foreign institutions for the creation of an international collection of books.