Avant Projet De Loi Portant Reforme De La Responsabilite Civile

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The New French Law of Contract

Author : Solène Rowan
Publisher : Oxford University Press
ISBN 13 : 0192538977
Total Pages : 337 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The New French Law of Contract by : Solène Rowan

Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

The Code Napoléon Rewritten

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Code Napoléon Rewritten by : John Cartwright

Download or read book The Code Napoléon Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

French Civil Liability in Comparative Perspective

Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 150992728X
Total Pages : 548 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis French Civil Liability in Comparative Perspective by : Jean-Sébastien Borghetti

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Reforming the French Law of Obligations

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317219
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reforming the French Law of Obligations by : John Cartwright

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

Punishment and Private Law

Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939164
Total Pages : 474 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Punishment and Private Law by : Elise Bant

Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Landmark Cases in the Law of Punitive Damages

Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 150996701X
Total Pages : 421 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Landmark Cases in the Law of Punitive Damages by : James Goudkamp

Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

Comparative Law of Obligations

Author : Vicente, Dário M.
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905818
Total Pages : 496 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Comparative Law of Obligations by : Vicente, Dário M.

Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

European Tort Law

Author : Cees van Dam
Publisher : OUP Oxford
ISBN 13 : 019165244X
Total Pages : 654 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis European Tort Law by : Cees van Dam

Download or read book European Tort Law written by Cees van Dam and published by OUP Oxford. This book was released on 2013-03-22 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England. The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations. The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Comparing Tort and Crime

Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 1107080487
Total Pages : 557 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparing Tort and Crime by : Matthew Dyson

Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Remedies for Breach of Contract

Author : Solène Rowan
Publisher : OUP Oxford
ISBN 13 : 0191630055
Total Pages : 1864 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Remedies for Breach of Contract by : Solène Rowan

Download or read book Remedies for Breach of Contract written by Solène Rowan and published by OUP Oxford. This book was released on 2012-01-26 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

The Georgia Journal of International and Comparative Law

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (3 download)

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Book Synopsis The Georgia Journal of International and Comparative Law by :

Download or read book The Georgia Journal of International and Comparative Law written by and published by . This book was released on 2013 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revue Canadienne Du Droit de Commerce

Author :
Publisher :
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis Revue Canadienne Du Droit de Commerce by :

Download or read book Revue Canadienne Du Droit de Commerce written by and published by . This book was released on 1990 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Canadiana

Author :
Publisher :
ISBN 13 :
Total Pages : 1316 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Canadiana by :

Download or read book Canadiana written by and published by . This book was released on 1990 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

La Revue du barreau

Author :
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis La Revue du barreau by :

Download or read book La Revue du barreau written by and published by . This book was released on 1998 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Developments in Civil and Commercial Mediation

Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 785 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis New Developments in Civil and Commercial Mediation by : Carlos Esplugues

Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Contemporary Law

Author : Canadian Association of Comparative Law
Publisher : Cowansville, Québec : Éditions Y. Blais
ISBN 13 :
Total Pages : 820 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Contemporary Law by : Canadian Association of Comparative Law

Download or read book Contemporary Law written by Canadian Association of Comparative Law and published by Cowansville, Québec : Éditions Y. Blais. This book was released on 1992 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of French Law

Author : John Bell
Publisher : OUP Oxford
ISBN 13 : 0191018899
Total Pages : 616 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of French Law by : John Bell

Download or read book Principles of French Law written by John Bell and published by OUP Oxford. This book was released on 2008-03-27 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.