Ordre public (public policy)
From French and civil law
Constitutional and public lawContract and obligations
What it means
The fundamental rules and values of a legal order that parties cannot agree to override, and that a court may refuse to give up even when foreign law would otherwise apply.
Why it travels badly
The English 'public policy' is a similar idea, but it has a reputation for being vague. A judge in the nineteenth century called it 'a very unruly horse'. In civil law, 'ordre public' is treated as a more structured concept, with sub-categories, and a separate 'international' version used in conflicts of law.
How other systems say it
ordre public (and bonnes mœurs)
Rules that parties cannot waive by contract. Some protect the public interest, and others protect a weaker party.
public policy
Richardson v Mellish (1824) called it 'a very unruly horse'. Courts use it to refuse to enforce contracts or foreign judgments that offend basic principles.
ordre public (Article 6 EGBGB)
A foreign rule is not applied if the result would be clearly incompatible with the basic principles of German law.
European Union
public policy ground in the Brussels regime
A court may refuse to recognise a judgment from another member state if it is manifestly contrary to public policy.
Tip for translators and students
'Public order' in English usually means law and order on the streets. In a legal text, translate 'ordre public' as 'public policy'.
Related: Good faith, Rechtsstaat, Force majeure and frustration
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
