La distinction de la responsabilité contractuelle et de la responsabilité délictuelle

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Publisher : Centre de recherche en droit privé et comparé du Québec = Quebec Research Centre of Private & Comparative Law
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis La distinction de la responsabilité contractuelle et de la responsabilité délictuelle by : Georges Durry

Download or read book La distinction de la responsabilité contractuelle et de la responsabilité délictuelle written by Georges Durry and published by Centre de recherche en droit privé et comparé du Québec = Quebec Research Centre of Private & Comparative Law. This book was released on 1986 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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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:

English and Continental Maritime Law

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Publisher : Maklu
ISBN 13 : 9062158099
Total Pages : 175 pages
Book Rating : 4.0/5 (621 download)

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Book Synopsis English and Continental Maritime Law by : Herman Boonk

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.

Reforming the French Law of Obligations

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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.

UN Law on International Sales

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Publisher : Springer Science & Business Media
ISBN 13 : 354049992X
Total Pages : 399 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis UN Law on International Sales by : Peter Schlechtriem

Download or read book UN Law on International Sales written by Peter Schlechtriem and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.

Tort Law in France

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

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.

French Civil Liability in Comparative Perspective

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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.

Comparative Law of Obligations

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Author :
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.

L'option entre la responsabilité contractuelle et la responsabilité délictuelle

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Publisher : Editions L'Harmattan
ISBN 13 : 2336358093
Total Pages : 580 pages
Book Rating : 4.3/5 (363 download)

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Book Synopsis L'option entre la responsabilité contractuelle et la responsabilité délictuelle by : Salma Abid Mnif

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.

Medical Responsibility in Western Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 3642704492
Total Pages : 850 pages
Book Rating : 4.6/5 (427 download)

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Book Synopsis Medical Responsibility in Western Europe by : Erwin Deutsch

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

Recueil Des Cours, 1984

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024731770
Total Pages : 404 pages
Book Rating : 4.7/5 (317 download)

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Book Synopsis Recueil Des Cours, 1984 by : Academie De Droit International De La Ha

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:

Revue de Droit de McGill

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Publisher :
ISBN 13 :
Total Pages : 1090 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Revue de Droit de McGill by :

Download or read book Revue de Droit de McGill written by and published by . This book was released on 1989 with total page 1090 pages. Available in PDF, EPUB and Kindle. Book excerpt:

La nécessité en droit international

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Publisher : BRILL
ISBN 13 : 9004215867
Total Pages : 591 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La nécessité en droit international by : Sarah Cassella

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.

Unification of Tort Law:Wrongfulness

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041110194
Total Pages : 150 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unification of Tort Law:Wrongfulness by : Francesco Donato Busnelli

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.

Launching Space Objects: Issues of Liability and Future Prospects

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Publisher : Springer Science & Business Media
ISBN 13 : 0306484056
Total Pages : 384 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis Launching Space Objects: Issues of Liability and Future Prospects by : V. Kayser

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.

Tort Law in Portugal

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523301
Total Pages : 256 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Portugal by : Nuno Manuel Pinto Oliveira

Download or read book Tort Law in Portugal written by Nuno Manuel Pinto Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-07-21 with total page 256 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 Portugal. 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. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. 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.

The Hague Arbitration Cases

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Author :
Publisher :
ISBN 13 :
Total Pages : 558 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Hague Arbitration Cases by : George Grafton Wilson

Download or read book The Hague Arbitration Cases written by George Grafton Wilson and published by . This book was released on 1915 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: