Les Conditions De La Responsabilite En Droit Prive

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Principles of French Law

Author : John Bell
Publisher : OUP Oxford
ISBN 13 : 0191018899
Total Pages : 616 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of French Law by : John Bell

Download or read book Principles of French Law written by John Bell and published by OUP Oxford. This book was released on 2008-03-27 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

Recueil Des Cours, Collected Courses, 1935

Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028608825
Total Pages : 724 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1935 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Collected Courses, 1935 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justifying Strict Liability

Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 402 pages
Book Rating : 4.1/5 (926 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 2022-05-23 with total page 402 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.

Author :
Publisher : Editions Bréal
ISBN 13 : 2749525802
Total Pages : 259 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bibliotheca visseriana

Author :
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Download or read book Bibliotheca visseriana written by and published by . This book was released on 1924 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bibliotheca Visseriana Dissertationvm Ivs Inter-nationale Illvstranitvm

Author :
Publisher : Brill Archive
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4./5 ( download)

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Book Synopsis Bibliotheca Visseriana Dissertationvm Ivs Inter-nationale Illvstranitvm by :

Download or read book Bibliotheca Visseriana Dissertationvm Ivs Inter-nationale Illvstranitvm written by and published by Brill Archive. This book was released on with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recueil Des Cours, Collected Courses, 1925

Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028604520
Total Pages : 564 pages
Book Rating : 4.6/5 (45 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1925 by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Collected Courses, 1925 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 564 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

Author : Verica Trstenjak
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.

Aspects et sens du droit international privé

Author : Hague Academy of International Law
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024731800
Total Pages : 396 pages
Book Rating : 4.7/5 (318 download)

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Book Synopsis Aspects et sens du droit international privé by : Hague Academy of International Law

Download or read book Aspects et sens du droit international privé written by Hague Academy of International Law and published by Martinus Nijhoff Publishers. This book was released on 1985-05-13 with total page 396 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 .

Comparing Tort and Crime

Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 1107080487
Total Pages : 557 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparing Tort and Crime by : Matthew Dyson

Download or read book Comparing Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2015-07-02 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Perspectives on Causation

Author : Richard Goldberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318266
Total Pages : 393 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Perspectives on Causation by : Richard Goldberg

Download or read book Perspectives on Causation written by Richard Goldberg and published by Bloomsbury Publishing. This book was released on 2011-10-21 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Reforming the French Law of Obligations

Author : John Cartwright
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.

French Civil Liability in Comparative Perspective

Author : Jean-Sébastien Borghetti
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.

Uncertain Causation in Medical Liability

Author : Lara Khoury
Publisher : Bloomsbury Publishing
ISBN 13 : 184731273X
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Uncertain Causation in Medical Liability by : Lara Khoury

Download or read book Uncertain Causation in Medical Liability written by Lara Khoury and published by Bloomsbury Publishing. This book was released on 2006-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Information Rights and Obligations

Author : André Janssen
Publisher : Routledge
ISBN 13 : 1351927582
Total Pages : 235 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Information Rights and Obligations by : André Janssen

Download or read book Information Rights and Obligations written by André Janssen and published by Routledge. This book was released on 2017-03-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.

International Law Notes

Author :
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis International Law Notes by :

Download or read book International Law Notes written by and published by . This book was released on 1918 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Contract Law

Author : Bénédicte Fauvarque-Cosson
Publisher : Walter de Gruyter
ISBN 13 : 3866537255
Total Pages : 649 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis European Contract Law by : Bénédicte Fauvarque-Cosson

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.