Les contrats relationnels et la théorie de l'imprévision

The American theorist Ian R. Macneil makes a distinction between «relational contracts » and « discrete transactions ». The purpose of this article is to investigate the peculiarities of the relational contracts and the possibility to adapt some clauses of the agreement,even against one party’s will. A relational contract is a legal relation which aims to facilitate cooperation based on interdependence between the parties. That sort of contractis mainly designed to create and preserve an economic structure intented by the parties. The fulfilment of a relational contract may require its instrumental clauses to be adapted in order to cope with unexpected circumstances affecting the balance of the parties’ obligations. This analysis contrasts with the traditional French contract law under which a judge is not allowed to adapt any clause of a private contract, being relational or not.