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Etude Sur Les Clauses Limitatives Ou Exoneratoires De Responsabilite
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Book Synopsis Étude sur les clauses limitatives ou exonératoires de responsabilité by : Marie Leveneur-Azémar
Download or read book Étude sur les clauses limitatives ou exonératoires de responsabilité written by Marie Leveneur-Azémar and published by LGDJ. This book was released on 2017-06-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentes dans de nombreux domaines, les clauses limitatives de réparation et les clauses exonératoires de responsabilité constituent une pratique très courante. Si elles se rencontrent le plus souvent en matière contractuelle, ces conventions peuvent également aménager la responsabilité extracontractuelle d'un potentiel responsable qui connaîtrait déjà la victime éventuelle, tel un voisin ou un cotraitant dans la réalisation d'un ouvrage. Malgré leur utilité et leur fréquence pratique, ces clauses pâtissent aujourd'hui d'un régime incertain, qui suscite nombre d'interrogations, tant en matière contractuelle qu'extracontractuelle. Pour savoir si une clause limitative ou exonératoire de responsabilité peut jouer en faveur du responsable, il faut dans un premier temps vérifier sa validité. Or, tant les droits spéciaux (droit des transports, droit de la consommation...) que la jurisprudence (notamment l'arrêt Chronopost) ont porté de multiples atteintes aux règles classiques de validité de ces stipulations. Il est dès lors nécessaire d'instaurer des directives renouvelées afin de clarifier cette question primordiale. Cette analyse permet en outre d'apporter un éclairage sur les nouveaux articles 1170 et 1171 du Code civil, issus de l'ordonnance du 10 février 2016. Dans un second temps, il n'est pas certain que la clause relative à la responsabilité, pourtant valable, puisse déployer tous ses effets. L'efficacité de ces stipulations revêt ainsi une grande importance. Cependant, là encore, les règles de paralysie en cas de faute qualifiée du responsable, ainsi que celles qui gouvernent l'opposabilité des clauses aux tiers victimes d'un dommage causé par un manquement contractuel, méritent d'être rénovées pour balayer les incertitudes qui jalonnent aujourd'hui la matière. A l'heure où le droit de la responsabilité civile est en passe d'être réformé (ainsi que la succession d'avant-projets publiés par la Chancellerie, le laisse présager), cette étude propose un nouveau régime applicable aux clauses relatives à la responsabilité, pour que la notion recouvre sa fonction de véritable outil de prévisibilité pour les parties.
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.
Download or read book Revue de droit uniforme written by and published by . This book was released on 2004 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cases, Materials and Text on Contract Law by : Hugh Beale
Download or read book Cases, Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-28 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Book Synopsis Third-Party Certifiers by : Jan De Bruyne
Download or read book Third-Party Certifiers written by Jan De Bruyne and published by Kluwer Law International B.V.. This book was released on 2019-07-12 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Book Synopsis Echange D'informations Sur Les Recherches en Droit Européen by : Council of Europe. Directorate of Legal Affairs
Download or read book Echange D'informations Sur Les Recherches en Droit Européen written by Council of Europe. Directorate of Legal Affairs and published by . This book was released on 1983 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An International Restatement of Contract Law by : Michael Joachim Bonell
Download or read book An International Restatement of Contract Law written by Michael Joachim Bonell and published by . This book was released on 1997 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNIDROIT Principles represent a totally new approach to international trade law. They are the result of years of intensive study by leading experts in the field of contract and international trade law from all the major legal and socio-economic systems of the world. They consist of a Preamble and 119 articles divided into seven chapters (General Provisions; Formation; Validity; Interpretation; Content; Performance; and Non-Performance). The chapter on performance contains a special section on hardship, while the chapter on non-performance deals with such questions as the right to performance, termination, and damages. "An International Restatement of Contact Law" was the first commenatary on the UNIDROIT Principles to be published. It provides an insider's view into the origin, preparation, and basic ideas of the Principles. Moreover, it illustrates the various ways in which the UNIDROIT Principles may be used by the international community, such as legislators, judges, arbitrators, and lawyers. This second, enlarged edition includes four new chapters; two additional foreign language versions of the Principles; as well as 25 recent court decisions and arbitral awards mentioning the Principles.
Download or read book Revue juridique Thémis written by and published by . This book was released on 1986 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aanwinsten van de Centrale Bibliotheek (Queteletfonds) by : Bibliothèque centrale (Fonds Quetelet)
Download or read book Aanwinsten van de Centrale Bibliotheek (Queteletfonds) written by Bibliothèque centrale (Fonds Quetelet) and published by . This book was released on 1987 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Revue Française D'études Américaines by :
Download or read book Revue Française D'études Américaines written by and published by . This book was released on 1988 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contracting for Space by : Ingo Baumann
Download or read book Contracting for Space written by Ingo Baumann and published by Routledge. This book was released on 2016-05-13 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent significant developments in the European space sector have had an impact on business and the growth of national and European commercial space law. This book analyses and assesses the legal issues and key factors influencing the space sector in Europe. It is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.
Book Synopsis Arbitration in Air, Space and Telecommunications Law:Enforcing Regulatory Measures by :
Download or read book Arbitration in Air, Space and Telecommunications Law:Enforcing Regulatory Measures written by and published by Springer. This book was released on 2002-02-07 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third volume in The Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization for the Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: the role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities. In this publication, prominent experts examine the international instruments in air, space, and telecommunications law and the need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, and the experiences of the European Space Agency and the International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, and the need for specialist expertise are also considered. This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, the EUROCONTROL draft Arbitration Policy, and the Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.
Book Synopsis Index of Conference Proceedings by :
Download or read book Index of Conference Proceedings written by and published by . This book was released on 1994 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Thomas Wilhelmsson Publisher :Springer Science & Business Media ISBN 13 :9780792316596 Total Pages :276 pages Book Rating :4.3/5 (165 download)
Book Synopsis Critical Studies in Private Law by : Thomas Wilhelmsson
Download or read book Critical Studies in Private Law written by Thomas Wilhelmsson and published by Springer Science & Business Media. This book was released on 1992-03-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Book Synopsis Recent Developments in Space Law by : R. Venkata Rao
Download or read book Recent Developments in Space Law written by R. Venkata Rao and published by Springer. This book was released on 2017-10-15 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a compendium of diverse essays on emerging legal issues in outer space, written by experts in the field of Space Law from different parts of the globe. The book comprehensively addresses opportunities in space and the inevitable legal challenges that these space activities pose for mankind. It explores the increasing role of private sector in outer space, which calls for a review of policy and legislation; invites opinio juris from law scholars for ensuring the applicability of the Outer Space Treaty on all states without ratification and universal abidance with Space Law without demur; reflects upon the challenges for the global space community involved in implementing a more effective approach to international space governance; and considers the use of domestic laws, and the consequent need for legal reform, to encourage broader engagement with commercial space innovation. Further, the book delves into the adequacy of existing international liability regime to protect space tourists in the event of a space vehicle accidents; examines the increasing use of space for military activities and canvasses how International Law may apply to condition behaviour; highlights the challenges of scavenging space debris; calls for protections of space assets; touches upon the legal regime pertaining to ASAT and discusses other ways of creating normative instruments, which also come from other areas and use other methods. Given its comprehensive coverage of opportunities in space and the inevitable legal challenges that they pose, the book offers a valuable resource for students, researchers, academics and professionals including government officials, industry executives, specialists, and lawyers, helping them understand essential contemporary issues and developments in Space Law.
Book Synopsis Introduction to Comparative Law by : Konrad Zweigert
Download or read book Introduction to Comparative Law written by Konrad Zweigert and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
