French Civil Liability in Comparative Perspective

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Author :
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.

Maritime law in the second half of the 20th century. Selected articles

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Author :
Publisher : Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
ISBN 13 : 8323120560
Total Pages : 342 pages
Book Rating : 4.3/5 (231 download)

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Book Synopsis Maritime law in the second half of the 20th century. Selected articles by : Jan Łopuski

Download or read book Maritime law in the second half of the 20th century. Selected articles written by Jan Łopuski and published by Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika. This book was released on 2008 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains a selection of articles written in the years 1962-2004 and published in English or French languages. They provide information and present views of the author on matters relating to the development and transforrnations which occurred in maritime law in the second haif of the 20th century. Articles on Polish maritirne law arę presented separately from morę numerous articles on international and transnational maritime law.The articles compiled in this book illustrate the process of important changes and developments occurred in maritime law in the said period.They indicate how problems created by the progress in the organisation of maritime trade, technical innovations and political changes on the map of the world were identified, consi-dered and sometimes solved, in the latter case the relevant article may have only a historical signif icance. At the same time some traditional institutions of maritime law were changingtheir role and neededa reappraisal and revision.

Justifying Strict Liability

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192859862
Total Pages : 385 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-06-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Mélanges en l'honneur de David Pugsley

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Author :
Publisher : Primento
ISBN 13 : 2802742701
Total Pages : 310 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Mélanges en l'honneur de David Pugsley by : Johannes Michaël Rainer

Download or read book Mélanges en l'honneur de David Pugsley written by Johannes Michaël Rainer and published by Primento. This book was released on 2013-08-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers. Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers.

Recueil Des Cours, Collected Courses, 1975

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028604360
Total Pages : 414 pages
Book Rating : 4.6/5 (43 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1975 by :

Download or read book Recueil Des Cours, Collected Courses, 1975 written by and published by Martinus Nijhoff Publishers. This book was released on 1976-07-28 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .

The Influence of Human Rights and Basic Rights in Private Law

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Author :
Publisher : Springer
ISBN 13 : 3319253379
Total Pages : 596 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Influence of Human Rights and Basic Rights in Private Law by : Verica Trstenjak

Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Localisation of Damage in Private International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004711872
Total Pages : 554 pages
Book Rating : 4.0/5 (47 download)

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Book Synopsis Localisation of Damage in Private International Law by : Olivera Boskovic

Download or read book Localisation of Damage in Private International Law written by Olivera Boskovic and published by BRILL. This book was released on 2024-07-14 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.

Liber amicorum Jean-Luc Fagnart

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Publisher : Anthemis
ISBN 13 : 2874551252
Total Pages : 1015 pages
Book Rating : 4.8/5 (745 download)

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Book Synopsis Liber amicorum Jean-Luc Fagnart by : Jean Rogge

Download or read book Liber amicorum Jean-Luc Fagnart written by Jean Rogge and published by Anthemis. This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reasons and Context in Comparative Law

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Publisher : Cambridge University Press
ISBN 13 : 1009246348
Total Pages : 307 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Reasons and Context in Comparative Law by : Sophie Turenne

Download or read book Reasons and Context in Comparative Law written by Sophie Turenne and published by Cambridge University Press. This book was released on 2023-05-11 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.

Revue de Droit de McGill

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Publisher :
ISBN 13 :
Total Pages : 1018 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 1986 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recueil Des Cours, Collected Courses, 1974

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028606067
Total Pages : 472 pages
Book Rating : 4.6/5 (6 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1974 by : Académie de droit international de La Haye

Download or read book Recueil Des Cours, Collected Courses, 1974 written by Académie de droit international de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1977-05-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .

International Encyclopedia of Comparative Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024727872
Total Pages : 820 pages
Book Rating : 4.7/5 (278 download)

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Book Synopsis International Encyclopedia of Comparative Law by : Viktor Knapp

Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

UNB Law Journal

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Publisher :
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis UNB Law Journal by :

Download or read book UNB Law Journal written by and published by . This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Code Napoléon Rewritten

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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.

Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030543226
Total Pages : 408 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law by : Alejandro Garro

Download or read book Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law written by Alejandro Garro and published by Springer Nature. This book was released on 2020-11-03 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.

Revue Du Barreau Canadien

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Author :
Publisher :
ISBN 13 :
Total Pages : 690 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Revue Du Barreau Canadien by :

Download or read book Revue Du Barreau Canadien written by and published by . This book was released on 1961 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recueil Des Cours, Volume 16 (1927/1)

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028605329
Total Pages : 624 pages
Book Rating : 4.6/5 (53 download)

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Book Synopsis Recueil Des Cours, Volume 16 (1927/1) by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Volume 16 (1927/1) written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1972-12-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .