🧮 La contractualisation de la compliance : clause après clause (Compliance contractualisation: clause by clause)

► Full reference: Journal of Regulation & Compliance (JoRC) and University Jean Moulin - Lyon 3, Centre de recherche Louis Josserand : La contractualisation de la compliance : clause après clause (Compliance contractualisation: clause by clause), 25 September 2026

____

🏗️ This symposium is part of the series of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partner universities, focusing in 2023 on the general theme of Compliance and Contracts.

____

The symposium is under the scientific responsibility of Marie-Anne Frison-Roche and Jean-Christophe Roda.

Il will be held in French.

____

To register:

🧮The event will take place at the University of Jean Moulin - Lyon 3.

_____

Presentation of the topic:  There are numerous compliance clauses. Surprisingly little research has been done on them, which hinders the development of this practice. However, the Compliance Obligation that is so often emphasised in relation to civil liability no doubt because Compliance Law is excessively associated with sanctions, can just as easily originate from contracts and multiple clauses, since this is another way of being bound, without it being anything more than a means for the persons thus bound to fulfil their regulatory obligation.

It is therefore practice that has developed compliance clauses, the very existence of which is the subject of this symposium. By highlighting these provisions, their originality can be revealed, as well as the uniqueness conferred on them by Compliance Law and the diversity that may be required depending on criteria related to the purpose of the clauses, but also to the sector of activity or the identity of the contracting parties themselves. 

From this already established practice, it is certainly the Judge who will determine its uniqueness and specificity. This case law is in its infancy because this practice is the result of compliance requirements arising from an emerging branch of Law, which is still under development.

Furthermore, the clauses examined here are not conceived from scratch, but are often adaptations of clauses familiar to lawyers, and as such may be reproduced, regulated, or even restricted or prohibited by rules that fall not only under general Contract Law, but also, clause by clause under Competition Law, Distribution Law, Consumer Law, Judicial and Procedural Law, or Private International law. The logic of Compliance Law, when it takes contractual form, does not always prevail and, in the same way that Compliance Law as a branch of Law is linked to other branches, compliance clauses, if they are to multiply and become more sophisticated, must be subject to this link.

_____

Speakers include:

🎤 Marie-Anne Frison-Roche, university professor, editor-in-chief of the Journal of Regulation & Compliance (JoRC) and Director of theEuropean School of Regulation and Compliance (EeRC)É

🎤 Julia Heinich, professor at Panthéon-Sorbonne University (Paris I)

🎤 Jacques Mestre, emeritus professor at the University of Aix-Marseille, president of the French Association of Doctors of Law (AFDD)

🎤 Jean-Christophe Roda, professor at the University of Lyon 3, director of the Louis Josserand research centre

🎤 Laura Sautonie-Laguionie, professor at the University of Bordeaux

____

The proceedings of this symposium will form the basis of a specific chapter in the following publications:

📕Compliance et Contrat, to be published in French in the collection 📚Regulations & Compliance, co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz.

📘Compliance and Contract, to be published in English in the 📚Compliance & Regulation  Serie, co-published by the Journal of Regulation & Compliance (JoRC) and Bruylant (Larcier-Intersentia).

🔻 Read the schedule for the event below ⤵️