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Author : Eva Mouial-Bassilana (juriste).)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (493 download)
Download or read book Du renouveau de la cause en droit des contrats written by Eva Mouial-Bassilana (juriste).) and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Virginie Larribau-Terneyre
Publisher :
ISBN 13 : 9782353110759
Total Pages : 233 pages
Book Rating : 4.1/5 (17 download)
Download or read book Quel renouveau pour le droit des contrats ? written by Virginie Larribau-Terneyre and published by . This book was released on 2016-10-27 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jamal Rbii
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (758 download)
Download or read book L'obligation de motivation en droit des contrats written by Jamal Rbii and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’obligation de motivation est une technique juridique précontentieuse consistant à énoncer expressément et concomitamment les motifs d’un acte juridique. Elle est absente du droit commun des contrats à cause de son effet restrictif sur la liberté contractuelle. En revanche, le législateur l’a utilisée pour corriger l’inégalité qui caractérise certains contrats spéciaux. Sa naissance coïncide avec l’ère de la logique statutaire pendant laquelle la stabilité du contrat est devenue un impératif qui oriente les choix de politique juridique. L’obligation de motivation a été développée alors pour stabiliser le lien contractuel en faveur de la partie faible et pour faciliter la contestation des actes unilatéraux dont elle subit les effets. Les métamorphoses de l’ordre contractuel : renouveau du contrat, inégalité croissante des contractants et durée de plus en plus longue ont rendu la question de l’extension de l’obligation de motivation inéluctable. Vu ses finalités contentieuses et précontentieuses, cette extension est souhaitable aux décisions défavorables et dérogatoires prises dans les rapports contractuels à dimension organisationnelle et de dépendance. Pour ces décisions, l’obligation de motivation peut jouer deux rôles différents : d’un côté, son rôle originel à savoir la restriction de la liberté contractuelle là où elle peut produire des effets négatifs à cause de l’inégalité des parties ; d’un autre côté, un rôle original à savoir l’encadrement des nouveaux pouvoirs octroyés aux contractants. Ce souhait ne sera exaucé que si le régime juridique de l’obligation de motivation permet de concilier la liberté de son débiteur dans l’exercice de ses prérogatives juridiques et la protection efficace de son créancier. Parce que l’elle se présente comme une formalité substantielle liant une règle de forme à une condition de fond, l’exécution de l’obligation de motivation implique l’énonciation formelle d’un motif admis par le Droit. Pour ce faire, le volet formel est soumis à des modalités de mise en œuvre rigoureuses afin de réaliser les finalités escomptées de cette technique. Cette rigueur est compensée par des suites judiciaires commandées par le rôle et la nature du motif.
Author : Albert Breton
Publisher : Routledge
ISBN 13 : 1351152866
Total Pages : 205 pages
Book Rating : 4.3/5 (511 download)
Download or read book Multijuralism written by Albert Breton and published by Routledge. This book was released on 2017-11-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: At one level of generality, multijuralism is the coexistence of two or more legal systems or sub-systems within a broader normative legal order to which they adhere, such as the existence of civil and common law systems within the EU. However, at a finer level of analysis multijuralism is a more widespread or common phenomenon and a more fluid reality than the civil law/common law distinction suggests. The papers in this study are therefore rooted in the latter frame of reference. They explore various types of multijural manifestations from the harmonizing potential of international treaties to indigenous law and the use of hard and soft pluralism. In addition, the authors consider the external events which are not part of the processes of multijural adjustment but which serve to influence these processes. Included among these important external events are European integration, the growing importance accorded to human rights, the international practice of law, the growth of the Internet, the globalization of markets and the flow of immigrants. This volume represents some of the most current thinking in the area of multijuralism and is essential reading for anyone interested in the coexistence of legal systems or sub-systems.
Author : Kane Abry
Publisher : Springer Nature
ISBN 13 : 3031376412
Total Pages : 263 pages
Book Rating : 4.0/5 (313 download)
Download or read book The Construction, Sources, and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)
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.
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 :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028607590
Total Pages : 458 pages
Book Rating : 4.6/5 (75 download)
Download or read book General course on private international law written by and published by Martinus Nijhoff Publishers. This book was released on 1979-11-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurent Mayali
Publisher : Springer
ISBN 13 : 3319733621
Total Pages : 345 pages
Book Rating : 4.3/5 (197 download)
Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Author : Fawcett
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792327820
Total Pages : 444 pages
Book Rating : 4.3/5 (278 download)
Download or read book Recueil Des Cours written by Fawcett and published by Martinus Nijhoff Publishers. This book was released on 1994-03-01 with total page 444 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: - Products Liability in Private International Law: a European Perspective by J.J. FAWCETT, Professor at the University of Leicester. - Le statut personnel dans le droit international prive des pays africains au sud du Sahara. Conceptions et solutions des conflits de lois. Le poids de la tradition negro-africaine personnaliste, par A.K. BOYE, professeur a l'Universite Cheikh Anta Diop, Dakar. To access the abstract texts for this volume please click here
Author : Michael Jones
Publisher : Springer Science & Business Media
ISBN 13 : 9048199328
Total Pages : 327 pages
Book Rating : 4.0/5 (481 download)
Download or read book The European Landscape Convention written by Michael Jones and published by Springer Science & Business Media. This book was released on 2011-02-09 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and insightful book provides, for the first time, a broad presentation of ongoing research into public participation in landscape conservation, management and planning, following the 2000 European Landscape Convention which came into force in 2004. The book examines both the theory of participation and what lessons can be learnt from specific European examples. It explores in what manner and to what extent the provisions for participation in the European Landscape Convention have been followed up and implemented. It also presents and compares different experiences of participation in selected countries from northern, southern, eastern and western Europe, and provides a critical examination of public participation in practice. However, while the book’s focus is necessarily on Europe, many of the conclusions drawn are of global relevance. The book provides a valuable reference for researchers and advanced students in landscape policies and management, as well as for professionals and others interested in land-use planning and environmental management.
Author : Nathalie Najjar
Publisher : BRILL
ISBN 13 : 9004357483
Total Pages : 1340 pages
Book Rating : 4.0/5 (43 download)
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author :
Publisher :
ISBN 13 :
Total Pages : 812 pages
Book Rating : 4.3/5 (91 download)
Download or read book Canadiana written by and published by . This book was released on 1985 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124322
Total Pages : 238 pages
Book Rating : 4.0/5 (411 download)
Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Author : Carine Bourget
Publisher : Springer
ISBN 13 : 3030038343
Total Pages : 190 pages
Book Rating : 4.0/5 (3 download)
Download or read book Islamic Schools in France written by Carine Bourget and published by Springer. This book was released on 2019-01-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first on the growing phenomenon of private full-time K-12 Muslim schools in France, investigates whether these schools participate in the communautarisme (or ethnic/cultural separatism) that Muslims are often accused of or if their founding is a sign of integration, given that most of private education in France is subsidized by the government. Is Islam compatible with the West? This study proposes an answer to this question through the lens of Muslim education in France, adding to our understanding of the so-called resurgence of religion following the demise of the secularization theory and shedding new light on religion’s place in the West and of Islam in diasporic contexts.
Author : Hélène van Lith
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067043038
Total Pages : 606 pages
Book Rating : 4.0/5 (43 download)
Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009-06-11 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.
Author : O Kahn-Freund
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004641807
Total Pages : 346 pages
Book Rating : 4.0/5 (46 download)
Download or read book General Problems of Private International Law written by O Kahn-Freund and published by Martinus Nijhoff Publishers. This book was released on 1980-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:
