Pour Une Reforme Du Droit De La Responsabilite Civile

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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.

The New French Law of Contract

Author : Solène Rowan
Publisher : Oxford University Press
ISBN 13 : 0198810873
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The New French Law of Contract by : Solène Rowan

Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

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.

The Mitigation Doctrine

Author : Marcelo Lapolla PhD
Publisher : iUniverse
ISBN 13 : 1663261385
Total Pages : 166 pages
Book Rating : 4.6/5 (632 download)

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Book Synopsis The Mitigation Doctrine by : Marcelo Lapolla PhD

Download or read book The Mitigation Doctrine written by Marcelo Lapolla PhD and published by iUniverse. This book was released on 2024-04-01 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “duty to mitigate loss” doctrine has been the object of study in many jurisdictions, which have interpreted and applied it in a wide range of situations and in different ways. In Brazil, however, only recent discussions have brought light to this subject. Worldwide, researchers have debated its nature – whether a duty or a principle – and the most proper way to address it (e.g.: if duty to mitigate loss or damages; duty to rescue; avoidable consequences doctrine). Studies have also detailed its application in different situations, such as in contracts and torts, among suppliers, consumers and national and international commerce, for instance. Ultimately, responding to the shift for globalized relations involving parties from different jurisdictions, the development of the doctrine and its standardization by Common Law courts, Civil Law codifications and international rules have allowed emerging countries to take advantage of the lessons learnt in more experienced systems and helped them regulate their own in the most suitable form. The purpose of this book is to provide an in-depth study of the “duty to mitigate loss” – from its origin to its current application in selected jurisdictions – so as to comprehensively come up with a proposition that is sufficiently adequate to fill the Brazilian legal framework gap diagnosed with respect to its effective regulation.

The Making of the Civil Codes

Author : Michele Graziadei
Publisher : Springer Nature
ISBN 13 : 981194993X
Total Pages : 415 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis The Making of the Civil Codes by : Michele Graziadei

Download or read book The Making of the Civil Codes written by Michele Graziadei and published by Springer Nature. This book was released on 2022-11-21 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.

European Tort Law

Author : C. C. van Dam
Publisher : Oxford University Press, USA
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis European Tort Law by : C. C. van Dam

Download or read book European Tort Law written by C. C. van Dam and published by Oxford University Press, USA. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

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.

Joint and Several Liability in EU Competition Law

Author : Katarzyna Sadrak
Publisher : Cambridge University Press
ISBN 13 : 1108997074
Total Pages : 299 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Joint and Several Liability in EU Competition Law by : Katarzyna Sadrak

Download or read book Joint and Several Liability in EU Competition Law written by Katarzyna Sadrak and published by Cambridge University Press. This book was released on 2022-09-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.

Droit d’auteur 4.0 / Copyright 4.0

Author : Benhamou Yaniv
Publisher : de Werra Jacques, Université de Genève
ISBN 13 : 3725586624
Total Pages : 197 pages
Book Rating : 4.7/5 (255 download)

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Book Synopsis Droit d’auteur 4.0 / Copyright 4.0 by : Benhamou Yaniv

Download or read book Droit d’auteur 4.0 / Copyright 4.0 written by Benhamou Yaniv and published by de Werra Jacques, Université de Genève. This book was released on 2018-01-01 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage rassemble les contributions consacrées au droit d’auteur à l’ère du numérique et présentées lors de la Journée de Droit de la Propriété Intellectuelle (www.jdpi.ch) organisée le 22 février 2017 à l’Université de Genève. Ces contributions sont: Blocage de sites web en droit suisse : des injonctions civiles et administratives de blocage au séquestre pénal (Yaniv Benhamou) ; Website Blocking Injunctions-a decade of development (Jo Oliver/Elena Blobel) ; Le marché numérique européen : enseignements de la jurisprudence de la Cour de justice et perspectives règlementaires (Jean-Michel Bruguière) ; User-generated Content and Other Digital Copyright Challenges: A North American Perspective (Ysolde Gendreau) ; Copyright in the Digital Age: A view from Asia (Wenwei Guan) ; Deep Copyright: Up - and Downstream Questions Related to Artificial Intelligence (AI) and Machine Learning (ML) (Daniel Schoenberger).

Divergences in Private Law

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 178225661X
Total Pages : 471 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Divergences in Private Law by : Andrew Robertson

Download or read book Divergences in Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.

International Encyclopedia of Comparative Law

Author : René David
Publisher : Brill Archive
ISBN 13 : 9783166446172
Total Pages : 854 pages
Book Rating : 4.4/5 (461 download)

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Book Synopsis International Encyclopedia of Comparative Law by : René David

Download or read book International Encyclopedia of Comparative Law written by René David and published by Brill Archive. This book was released on 1975 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies for Breach of Contract

Author : Solène Rowan
Publisher : OUP Oxford
ISBN 13 : 0191630055
Total Pages : 1864 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Remedies for Breach of Contract by : Solène Rowan

Download or read book Remedies for Breach of Contract written by Solène Rowan and published by OUP Oxford. This book was released on 2012-01-26 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

2023

Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111377776
Total Pages : 819 pages
Book Rating : 4.1/5 (113 download)

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Book Synopsis 2023 by : Ernst Karner

Download or read book 2023 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-12-16 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.

European Review of Private Law

Author :
Publisher :
ISBN 13 :
Total Pages : 898 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis European Review of Private Law by :

Download or read book European Review of Private Law written by and published by . This book was released on 1993 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher : Odile Jacob
ISBN 13 : 2738186165
Total Pages : 327 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis by :

Download or read book written by and published by Odile Jacob. This book was released on with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Disgorgement of Profits

Author : Ewoud Hondius
Publisher : Springer
ISBN 13 : 3319187597
Total Pages : 517 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Disgorgement of Profits by : Ewoud Hondius

Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Pour une réforme du droit de la responsabilité civile

Author : François Terré
Publisher : Dalloz-Sirey
ISBN 13 : 9782247106851
Total Pages : 224 pages
Book Rating : 4.1/5 (68 download)

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Book Synopsis Pour une réforme du droit de la responsabilité civile by : François Terré

Download or read book Pour une réforme du droit de la responsabilité civile written by François Terré and published by Dalloz-Sirey. This book was released on 2011 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sous la direction de Francois TerreUne profonde modernisation du droit francais des contrats, de la responsabilite civile et des obligations en general est necessaire. Avec l'appui du ministere de la Justice, un groupe de travail a ete cree a l'Academie des sciences morales et politiques. A ses travaux ont participe des representants de la Chancellerie.En 2009, un premier rapport Pour une reforme du droit des contrats, publie aux Editions Dalloz, a eu un grand echo. En 2010, le groupe a travaille sur le droit de la responsabilite civile et a remis son rapport au garde des Sceaux. Ses auteurs ont tenu compte des evolutions legislatives et jurisprudentielles, des mouvements observes en droit compare et europeen, ainsi que des considerations economiques et sociales, avec la participation de professionnels. Le droit de la responsabilite civile est en attente de reformes destinees a clarifier des regles de plus en plus compliquees, tant par des survivances injustifiees du passe que par les exigences imperieuses du present. L'incertitude croissante des sources de responsabilite appelle un renouvellement de distinctions premieres entre regles communes et regimes speciaux, entre dommages et prejudices, ainsi qu'entre prejudices corporels (et assimiles) et dommages materiels ou economiques. Cet ouvrage propose un chapitre - Des delits - de 69 articles, en 4 sections: - Du delit civil en general - . - Des principaux delits speciaux - . - Des causes d'exclusion ou d'exoneration de la responsabilite - . - De la Reparation -. Cette proposition de textes est suivie d'une quinzaine de contributions justifiant les choix de l'Academie.Contributeurs Cyril Bloch Jean-Sebastien Borghetti Clothilde Grare-Didier Denis Mazeaud Soraya Messai-Bahri Anne Outin-Adam Philippe Remy Pauline Remy-Corlay Myriam Roussille Philippe Stoffel-Munck Francois Terre"