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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)
Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)
Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author : Salma Abid Mnif
Publisher : Editions L'Harmattan
ISBN 13 : 2336358093
Total Pages : 580 pages
Book Rating : 4.3/5 (363 download)
Download or read book L'option entre la responsabilité contractuelle et la responsabilité délictuelle written by Salma Abid Mnif and published by Editions L'Harmattan. This book was released on 2014-10-01 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Au-delà de l'exposé des divergences et des convergences entre le droit français et le droit tunisien concernant le problème de l'option entre la responsabilité contractuelle et la responsabilité délictuelle, cet ouvrage propose une option modérée qui trouve sa justification profonde dans le recoupement des faits générateurs des responsabilités contractuelle et délictuelle.
Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317219
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)
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.
Author : Vicente, Dário M.
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905818
Total Pages : 496 pages
Book Rating : 4.7/5 (899 download)
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.
Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024731770
Total Pages : 404 pages
Book Rating : 4.7/5 (317 download)
Download or read book Recueil Des Cours, 1984 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1985-05-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erwin Deutsch
Publisher : Springer Science & Business Media
ISBN 13 : 3642704492
Total Pages : 850 pages
Book Rating : 4.6/5 (427 download)
Download or read book Medical Responsibility in Western Europe written by Erwin Deutsch and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts
Author :
Publisher :
ISBN 13 :
Total Pages : 1018 pages
Book Rating : 4.:/5 (5 download)
Download or read book Revue de Droit de McGill written by and published by . This book was released on 1986 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 150992728X
Total Pages : 548 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Herman Boonk
Publisher : Maklu
ISBN 13 : 9062158099
Total Pages : 175 pages
Book Rating : 4.0/5 (621 download)
Download or read book English and Continental Maritime Law written by Herman Boonk and published by Maklu. This book was released on 2003 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth marine law seminar organized by the European Institute of Marine and Transport Law.
Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 1571053468
Total Pages : 1179 pages
Book Rating : 4.5/5 (71 download)
Download or read book The UNIDROIT Principles in Practice written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2006-09-01 with total page 1179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.
Author : Sarah Cassella
Publisher : BRILL
ISBN 13 : 9004215867
Total Pages : 591 pages
Book Rating : 4.0/5 (42 download)
Download or read book La nécessité en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041110194
Total Pages : 150 pages
Book Rating : 4.0/5 (411 download)
Download or read book Unification of Tort Law:Wrongfulness written by Francesco Donato Busnelli and published by Kluwer Law International B.V.. This book was released on 1998-11-18 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries and South Africa.
Author : Academie De Droit International de la Haye
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103185
Total Pages : 468 pages
Book Rating : 4.1/5 (31 download)
Download or read book Recueil Des Cours, Collected Courses, Volume 255 (1995) written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1996-10-04 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: International Law at the Fiftieth Anniversary of the United Nations. General Course on Public International Law by I. BROWNLIE, Professor at the University of Oxford La prescription extinctive en droit international prive, par F. HAGE-CHAHINE, professeur a l'Universite Saint-Joseph, Beyrouth La notion d'Etat interesse en droit international, par J.-P. QUENEUDEC, professeur a l'Universite de Paris I. To access the abstract texts for this volume please click here
Author : Bénédicte Fauvarque-Cosson
Publisher : Walter de Gruyter
ISBN 13 : 3866537255
Total Pages : 649 pages
Book Rating : 4.8/5 (665 download)
Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Author : V. Kayser
Publisher : Springer Science & Business Media
ISBN 13 : 0306484056
Total Pages : 384 pages
Book Rating : 4.3/5 (64 download)
Download or read book Launching Space Objects: Issues of Liability and Future Prospects written by V. Kayser and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
Author : James Nafziger
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004480560
Total Pages : 900 pages
Book Rating : 4.0/5 (44 download)
Download or read book Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren written by James Nafziger and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
