Form v Substance? An Ideological Venture Beyond the Dichotomy in European Law of Contract

It seems that the point of view that French law is more formal than English Common law, and consequently, is less capable of taking the expectations of business into account, misjudges the representation that French lawyers have of their own legal system. The interpretation of the Civil Code in French law is the outcome of a both formal and substantial analysis. In this sense, H. Collins ' proposal to enhance European contract law with legislative provisions made of 'open textured rules' that are supposed to be more efficient for business than formal rules, does not constitute an heresy for a continental civil law lawyer. However, the use of such rules does not suffice to make a good contract law. It is only one solution among others. What we do not need is an anarchic judge. What we need is a judge who is able to inscribe his interpretation in a genuine legal system.