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Levolution De La Responsabilite Civile Dans La Phase Precontractuelle
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Book Synopsis L'évolution de la responsabilité civile dans la phase précontractuelle by : Radu Stancu
Download or read book L'évolution de la responsabilité civile dans la phase précontractuelle written by Radu Stancu and published by . This book was released on 2015 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: La thèse a pour but l'analyse de l'évolution récente du droit civil français et roumain de la responsabilité civile au cours de la période précontractuelle. Nous avons privilégié une approche comparative entre les deux droits nationaux à la lumière des droits européens. Au cours de la période précontractuelle les parties sont libres de négocier comme elles le veulent, mais sans causer un dommage à leur partenaire. Il y a un lien qui se crée entre les parties et qui ne peut être rompu que conformément au principe de la bonne foi. Nous avons pu constater que le fondement de la responsabilité est assez controversé et varie d'un ordre juridique à l'autre. En effet, la responsabilité civile balance entre sécurité juridique, autonomie privée et liberté contractuelle. En résumé, la phase précontractuelle a connu de profondes transformations au cours de son évolution. À l'heure de l'harmonisation européenne, voire de la globalisation, les droits français et roumain subissent des modifications afin de clarifier des règles de plus en plus compliquées et notamment celles relatives à la responsabilité civile précontractuelle.
Book Synopsis La responsabilité civile dans la phase précontractuelle by : Radu Stancu
Download or read book La responsabilité civile dans la phase précontractuelle written by Radu Stancu and published by Univ Europeenne. This book was released on 2016-11-24 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'ouvrage a pour but l'analyse de l'evolution recente du droit civil francais et roumain de la responsabilite civile au cours de la periode precontractuelle. Nous avons privilegie une approche comparative entre les deux droits nationaux a la lumiere des droits europeens. Au cours de la periode precontractuelle les parties sont libres de negocier comme elles le veulent, mais sans causer un dommage a leur partenaire. Il y a un lien qui se cree entre les parties et qui ne peut etre rompu que conformement au principe de la bonne foi. Nous avons pu constater que le fondement de la responsabilite est assez controverse et varie d'un ordre juridique a l'autre. En effet, la responsabilite civile balance entre securite juridique, autonomie privee et liberte contractuelle. En resume, la phase precontractuelle a connu de profondes transformations au cours de son evolution. A l'heure de l'harmonisation europeenne, voire de la globalisation, les droits francais et roumain subissent des modifications afin de clarifier des regles de plus en plus compliquees et notamment celles relatives a la responsabilite civile precontractuelle.
Book Synopsis The Construction, Sources, and Implications of Consensualism in Contract by : Kane Abry
Download or read book The Construction, Sources, and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu
Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
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.
Book Synopsis The Rome II Regulation by : Andrew Dickinson
Download or read book The Rome II Regulation written by Andrew Dickinson and published by OUP UK. This book was released on 2010 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.
Book Synopsis Lexique Anglais-français : Principalement Juridique by : F. H. S. Bridge
Download or read book Lexique Anglais-français : Principalement Juridique written by F. H. S. Bridge and published by Council of Europe. This book was released on 1994 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to provide really usable, authentic translations, the new Council of Europe French-English Legal Dictionary is unusually comprehensive both in geographical range (Belgian, Luxembourg & Swiss terms are included) & in subject-matter, giving idiomatic English equivalents of countless terms unobtainable or inaccurately translated elsewhere; non-legal terminology has been rigorously excluded. The result is an incomparable reference work containing some 11 000 entries, clearly set out & easy to consult.
Book Synopsis Letter of Intent in International Contracting by : Ekaterina Pannebakker
Download or read book Letter of Intent in International Contracting written by Ekaterina Pannebakker and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) Subject: International Law, Contract Law]
Author :René Pahud De Mortanges Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 :9783631792094 Total Pages :342 pages Book Rating :4.7/5 (92 download)
Book Synopsis Swiss Legal History by : René Pahud De Mortanges
Download or read book Swiss Legal History written by René Pahud De Mortanges and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2020-02-28 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first legal history of Switzerland in English, this seminal work presents the legal development in the territory of today's Switzerland. Until 1798, the Swiss Confederation consisted of a conglomerate of around 50 local authorities with different constitutional statuses. The number of legislative jurisdictions was even greater; each territory, however small, had its own legal system before 1798. In the 19th century, legal unity was initially created within the framework of cantonal law and, since 1848, at the national level. Key developments of the 20th century were equality between men and women, social legislation and the influence of technological development. The focus of the book is on constitutional history, legal sources and legislation, court proceedings and jurisprudence. It also presents the political, economic and social backgrounds of legal developments
Book Synopsis Obligations in Roman Law by : Thomas McGinn
Download or read book Obligations in Roman Law written by Thomas McGinn and published by University of Michigan Press. This book was released on 2013-01-23 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Book Synopsis Good Faith in International Law by : J. F. O'Connor
Download or read book Good Faith in International Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1991 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text considers the origin and development of good faith in legal theory and its role as a fundamental principle in international law. It ranges from the origins of the concept and the first manifestations of the legal principle, to recent decisions of international courts and tribunals.
Book Synopsis Contractual Good Faith by : Steven J. Burton
Download or read book Contractual Good Faith written by Steven J. Burton and published by . This book was released on 1995 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Formation of Contracts and Precontractual Liability by :
Download or read book Formation of Contracts and Precontractual Liability written by and published by . This book was released on 1990 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented at a symposium organized by the Institute of International Business Law and Practice.
Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Book Synopsis The Philosophical Origins of Modern Contract Doctrine by : James Gordley
Download or read book The Philosophical Origins of Modern Contract Doctrine written by James Gordley and published by Clarendon Press. This book was released on 1993-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Book Synopsis Market Street Associates Ltd. Partnership V. Frey by :
Download or read book Market Street Associates Ltd. Partnership V. Frey written by and published by . This book was released on 1991 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Strategies for the European Construction Sector by : Commission of the European Communities
Download or read book Strategies for the European Construction Sector written by Commission of the European Communities and published by . This book was released on 1994 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
