de Vincelles, Carole Aubert --- "Linked Contracts Under French Law" [2011] ELECD 282; in Cafaggi, Fabrizio (ed), "Contractual Networks, Inter-Firm Cooperation and Economic Growth" (Edward Elgar Publishing, 2011)

Book Title: Contractual Networks, Inter-Firm Cooperation and Economic Growth

Editor(s): Cafaggi, Fabrizio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448896

Section: Chapter 6

Section Title: Linked Contracts Under French Law

Author(s): de Vincelles, Carole Aubert

Number of pages: 16

Extract:

6. Linked contracts under French law
Carole Aubert de Vincelles

To date, contractual networks are a general structure of contracts rela-
tionships, which can be found both in Business to Business (B to B) or
Business to Consumer (B to C) relationships. The difference between these
two businesses relationships is the complexity of the networks.
Among the different issues arising from contractual networks, this con-
tribution will especially focus on `linked contracts', that is, how to link
different contracts; how to make them dependent; and what might be the
consequences of such a link.
We use the expression `linked contracts' because this is a neutral term,
without legal meaning. Under French law, the expression used to express
linked contracts in general is `groupes de contrats'1 or `ensemble contrac-
tuel', which can be translated as `contractual unity' or `contractual set'.
Generally speaking, different national laws do not mention these kinds
of new contractual structure. The main reason is that French law consid-
ers the contract as an individual unit. Therefore a general approach is
not allowed in the French civil code, the provisions of which date from
1804. It is possible that there may be developments in the very near future
regarding the content of the draft on the reform of French contract law.
Actually, this draft details few provisions in relation to linked contracts.2
One of the first areas where it was necessary to understand different
contracts as a whole was that of credit, when credit is necessary ...