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Judicial contract

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  • Judicial intervention in judicial contracts

    By Raphaël MORENON
    28 March 2025
    Judicial contract, Civil procedure
    The 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? Gaëlle Deharo, a professor at ESCE International Business School, sheds some valuable light on the subject in her paper "Contrat judiciaire". The author defines a judicial contract as "an agreement between the parties whose existence is established by a court" (no. 11). This apparently simple definition conceals a more nuanced legal reality. Section 1: Judicial contracts and unilateral procedural acts Let us first distinguish between judicial contracts and unilateral procedural acts such as acquiescence or withdrawal. Acquiescence is the act by which a litigant acknowledges the validity of his opponent's claims. Withdrawal is the act by which a party renounces its action. These two mechanisms constitute unilateral legal acts, the coexistence of which does not lead to...
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