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Author : Paul Gaiardo
Publisher :
ISBN 13 : 9782275073095
Total Pages : 392 pages
Book Rating : 4.0/5 (73 download)
Download or read book Les théories objective et subjective du contrat written by Paul Gaiardo and published by . This book was released on 2020-07-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurent Izac (juriste).)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (494 download)
Download or read book L'autorité du contrat written by Laurent Izac (juriste).) and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Selon la doctrine classique, le contrat est un accord de volonté destiné à produire des effets de droit. Au sein de cette définition, le contenu obligatoire du contrat est bien souvent réduit à un réseau d'obligations. Celles-ci, liant désormais les parties, semblent devoir épuiser l'ensemble de sa force obligatoire. L'existence de conventions dépourvues de tout contenu obligationnel interroge pourtant la pertinence d'une telle définition. Rejetant l'assimilation de l'obligatoire à l'obligationnel, la théorie normativiste propose d'introduire l'idée de norme afin d'expliquer la force obligatoire du contrat. La norme contractuelle fournirait ainsi le matériau fondamental expliquant la capacité de cet acte juridique à assujettir les parties. Séduisante au premier abord, cette approche ne peut toutefois masquer certaines apories de la théorie kelsénienne. En effet, l'absolu monolithisme de l'ordre juridique conçu par le Maître de Vienne s'oppose à l'introduction des droits subjectifs, comme des personnes, au sein d'une conception purement normative du droit. Face aux nécessités du Droit privé, c'est par une analyse renouvelée du système juridique que l'indispensable mise en contact de la réalité et du Droit doit passer. L'ordre juridique normatif de Kelsen peut ainsi être avantageusement complété par une dimension subjective accueillant, en son sein, l'ensemble des situations juridiques propres aux personnes et aux choses peuplant le monde sensible. Or, c'est dans sa capacité à agir sur cette dimension singulière de l'ordre juridique que l'autorité du contrat trouve son origine et ses manifestations.
Author : Fabien Gélinas
Publisher : Oxford University Press
ISBN 13 : 0199916012
Total Pages : 329 pages
Book Rating : 4.1/5 (999 download)
Download or read book Trade Usages and Implied Terms in the Age of Arbitration written by Fabien Gélinas and published by Oxford University Press. This book was released on 2016 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.
Author : Cezary Mik
Publisher : Taylor & Francis
ISBN 13 : 1040020909
Total Pages : 622 pages
Book Rating : 4.0/5 (4 download)
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Author : James Swenson
Publisher : Stanford University Press
ISBN 13 : 0804738645
Total Pages : 338 pages
Book Rating : 4.8/5 (47 download)
Download or read book On Jean-Jacques Rousseau written by James Swenson and published by Stanford University Press. This book was released on 2000 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to grasp what it means to call Rousseau an "author" of the Revolution, as so many revolutionaries did, it is necessary to take full measure of the difficulties of literary interpretation to which Rousseau's work gives rise, particularly around such a charged term as "author." On Jean-Jacques Rousseau shows that Rousseau's texts consistently generate a division in their own reading, a division both designated and masked by the fiction of authorship. These divisions can occur successivelyas in the narrative reversals and discontinuities characteristic of Rousseau's fictional and autobiographical worksor simultaneously, in the form of incompatible attempts to apply the lessons of a single text to an urgent historical moment. Given the structure of these texts, their "influence" can only occur in an equally paradoxical form. Rousseau's contribution to revolutionary thinking lies in his conceptualization of the constitutive function of misunderstanding and narrative discontinuity, in history and political action as well as in literature. Such misunderstandings and discontinuities are particularly well illustrated by the vicissitudes of the reading of Rousseau's texts during the revolutionary period, a moment when "readings" occurred as political programs. The Revolution enacted Rousseau precisely to the extent that revolutionaries could not agree on what action he called for. He is "one of the first authors of the Revolution" not because he was one of its causes, but because he provided the terms in which the logic of the revolutionary process becomes intelligible.
Author : Eva Steiner
Publisher : Oxford University Press, USA
ISBN 13 : 0199232377
Total Pages : 446 pages
Book Rating : 4.1/5 (992 download)
Download or read book French Law written by Eva Steiner and published by Oxford University Press, USA. This book was released on 2010-03-04 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an account of the French legal system and its internal workings. It explains both the institutions and substantive law along with the methodology that underpins the system. Comparisons to other legal jurisdictions are made throughout.
Author :
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.:/5 (318 download)
Download or read book International Encyclopedia of Comparative Law: Contracts in general written by and published by . This book was released on 1973 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : International Association of Legal Science
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.F/5 ( download)
Download or read book Problemes de l'inexecution et la force majeure dans les contrats de vente internationale written by International Association of Legal Science and published by . This book was released on 1961 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hugh Collins
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127844
Total Pages : 310 pages
Book Rating : 4.0/5 (411 download)
Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Author : Bar of the Province of Québec
Publisher :
ISBN 13 :
Total Pages : 642 pages
Book Rating : 4.F/5 ( download)
Download or read book La Revue du Barreau de la province de Québec written by Bar of the Province of Québec and published by . This book was released on 1962 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)
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:
Author : Mark van Hoecke
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.:/5 (318 download)
Download or read book Deep Level Comparative Law written by Mark van Hoecke and published by . This book was released on 2002 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Zoltán Péteri
Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( download)
Download or read book Evolution Du Droit Et Droit Comparé written by Zoltán Péteri and published by . This book was released on 1982 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911596
Total Pages : 533 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 533 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 : Mark Van Hoecke
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311245
Total Pages : 408 pages
Book Rating : 4.8/5 (473 download)
Download or read book Epistemology and Methodology of Comparative Law written by Mark Van Hoecke and published by Bloomsbury Publishing. This book was released on 2004-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
Author : Hugh Beale
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912584
Total Pages : 1515 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Michel Serres
Publisher : University of Michigan Press
ISBN 13 : 9780472065493
Total Pages : 142 pages
Book Rating : 4.0/5 (654 download)
Download or read book The Natural Contract written by Michel Serres and published by University of Michigan Press. This book was released on 1995 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meditations on environmental change and the necessity of a pact between Earth and its inhabitants
