Judicial contract
The economy of the judicial contract and its authority
By Raphaël MORENON28 March 2025When a dispute is settled in court, the parties may choose to reach an agreement rather than wait for an imposed decision. This agreement mechanism, known as a judicial contract, has a hybrid nature. It combines contractual freedom and judicial authority. But what is the real scope of this type of agreement? What powers does the judge have? And what legal force does it give the parties? The judicial dimension of the judicial contract The judicial contract derives its originality from its dual nature. Initially conventional in its formation, it becomes judicial through the intervention of the judge. Case law has defined this mechanism since the 19th century. According to the Cour de cassation, a judicial contract is "an agreement between the parties whose existence is established by the judge" (Civ. 8 July 1925, DP 1927. 1. 21). This classification implies two distinct phases: Caution: the judicial act is not a condition for the validity of the contract, but a condition for the...
Judicial contracts: definition and legal nature
Judicial contract, Civil procedureThis hybrid legal form is fascinating because of its complexity. The judicial contract lives in a troubling in-between state: it is both agreement and judgement, agreement and decision. Origin and definition of the judicial contract Born out of judicial practice, the judicial contract essentially refers to an agreement concluded between parties and...The contractual basis of the judicial contract
Judicial contract, Civil procedureIn the meanders of judicial litigation, a hybrid mechanism has emerged: the judicial contract. Neither entirely conventional nor entirely judicial, it draws its strength from the will of the parties while benefiting from the anointing of the judge. Often misunderstood, this mechanism enables litigants to work together to find a solution to their dispute,...Judicial intervention in judicial contracts
Judicial contract, Civil procedureThe concept of a judicial contract lies at the crossroads of contract law and procedural law. This hybridity raises complex questions about the role of the judge. What is its nature? What are its limits? The paper "Judicial Contracts" by Gaëlle Deharo, professor at ESCE International Business School...Remedies against a judicial contract
Judicial contract, Civil procedureHow do you challenge a poorly drafted legal contract? The hybrid nature of this legal instrument complicates the issue of possible remedies. Practitioners must navigate carefully between the contractual regime and the judicial dimensions. Applicable legal remedies The judicial contract, the intersection between the conventional and the judicial, is...
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