Recherches sur la distinction du dommage et du préjudice en droit civil français

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Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Recherches sur la distinction du dommage et du préjudice en droit civil français by : Sylvie Rouxel (juriste)

Download or read book Recherches sur la distinction du dommage et du préjudice en droit civil français written by Sylvie Rouxel (juriste) and published by . This book was released on 1994 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: AUJOURD'HUI, LES TERMES DOMMAGE ET PREJUDICE SONT HABITUELLEMENT PRESENTES COMME SYNONYMES ; ILS REPRESENTENT LE MAL. POURTANT, SI L'ON SE REFERE A LEUR ETHYMOLOGIE; ON DECOUVRE QUE LEUR ORIGINE EST DIFFERENTE : SI LE DAMNUM A TOUJOURS SIGNIFIE LE MAL, LE PRAEJUDICIUM EST EN LATIN UN JUGEMENT ANTICIPE, PRECIPITE. L'IDEE APPARAIT ALORS DE DISTINGUER A NOUVEAU CES DEUX NOTIONS, DE LEUR DONNER UN SENS PROPRE ET DE MESURER L'INCIDENCE D'UNE TELLE PROPOSITION DANS LE DROIT DE LA RESPONSABILITE CIVILE. LES DEFINITIONS ICI ADOPTEES SONT CELLES PROPOSEES PAR LE PROFESSEUR BENOIT. LE DOMMAGE EST CONSTITUE PAR L'ATTEINTE OBJECTIVE : BLESSURE, LA DETERIORATION D'UNE CHOSE ; LE PREJUDICE SE DEFINISSANT COMME LES DIVERSES CONSEQUENCES DU DOMMAGE POUR LA PERSONNE QUI EN EST LA VICTIME. LE DOMMAGE ET LE PREJUDICE DEVIENNENT DES CONDITIONS D'EXISTENCE DE LA RESPONSABILITE. ON EST ALORS CONDUIT A CONSTATER QUE CELA PERMET PARFOIS DE RATIONALISER DES SOLUTIONS ACQUISES OU ENCORE D'EN PROPOSER DES NOUVELLES.

European Contract Law

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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.

Catalogue des thèses reproduites

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Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Catalogue des thèses reproduites by :

Download or read book Catalogue des thèses reproduites written by and published by . This book was released on 1995 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Perspectives on Causation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847318266
Total Pages : 478 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 478 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.

Proceedings of the Standing Senate Committee on Legal and Constitutional Affairs

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Publisher :
ISBN 13 :
Total Pages : 558 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Proceedings of the Standing Senate Committee on Legal and Constitutional Affairs by : Canada. Parliament. Senate. Standing Committee on Legal and Constitutional Affairs

Download or read book Proceedings of the Standing Senate Committee on Legal and Constitutional Affairs written by Canada. Parliament. Senate. Standing Committee on Legal and Constitutional Affairs and published by . This book was released on 2001 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Should Trees Have Standing?

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Publisher : Oxford University Press
ISBN 13 : 0199774242
Total Pages : 265 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Should Trees Have Standing? by : Christopher D. Stone

Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

On the Take

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Publisher :
ISBN 13 : 9780821394540
Total Pages : 0 pages
Book Rating : 4.3/5 (945 download)

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Book Synopsis On the Take by : Lindy Muzila

Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups

Développements récents du droit de la responsabilité civile

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Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Développements récents du droit de la responsabilité civile by : Olivier Guillod

Download or read book Développements récents du droit de la responsabilité civile written by Olivier Guillod and published by . This book was released on 1991 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Environmental Damage in International and Comparative Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199255733
Total Pages : 390 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Environmental Damage in International and Comparative Law by : Michael Bowman

Download or read book Environmental Damage in International and Comparative Law written by Michael Bowman and published by Oxford University Press, USA. This book was released on 2002 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study considers the problems of defining and valuing "environmental damage" from the perspective of international and comparative law. The need for a broad and systematic evaluation of this issue is illustrated by the number of topics presently on the international law-making agenda to which it is relevant, including the UN Compensation Commission's decisions on compensation for environmental losses suffered by Kuwait in the Gulf War, nuclear and oil pollution liability regimes, the development of an environmental liability protocol to the Antarctic Treaty and other agreements on bio-safety and genetically modified organisms. It is thus an important element in contemporary efforts to strengthen legal remedies for environmental harm which does not necessarily come within traditional categories of legally protected personal or property rights.

Treaty Series / Recueil Des Traites

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Publisher : UN
ISBN 13 : 9789219003019
Total Pages : 480 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Treaty Series / Recueil Des Traites by : United Nations

Download or read book Treaty Series / Recueil Des Traites written by United Nations and published by UN. This book was released on 2007-11-02 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision

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Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)

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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.

More Than You Wanted to Know

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Publisher : Princeton University Press
ISBN 13 : 0691161704
Total Pages : 239 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis More Than You Wanted to Know by : Omri Ben-Shahar

Download or read book More Than You Wanted to Know written by Omri Ben-Shahar and published by Princeton University Press. This book was released on 2014-04-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mandated disclosure took over the regulatory landscape—and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

A Treatise on the Measure of Damages

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Publisher :
ISBN 13 :
Total Pages : 888 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis A Treatise on the Measure of Damages by : Theodore Sedgwick

Download or read book A Treatise on the Measure of Damages written by Theodore Sedgwick and published by . This book was released on 1920 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Criminal Prosecution and Capital Punishment of Animals

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Publisher :
ISBN 13 :
Total Pages : 410 pages
Book Rating : 4.1/5 (1 download)

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Book Synopsis The Criminal Prosecution and Capital Punishment of Animals by : Edward Payson Evans

Download or read book The Criminal Prosecution and Capital Punishment of Animals written by Edward Payson Evans and published by . This book was released on 1906 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Letters of David Hume to William Strahan

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Publisher :
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Letters of David Hume to William Strahan by : David Hume

Download or read book Letters of David Hume to William Strahan written by David Hume and published by . This book was released on 1888 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Environmental Law in Developing Countries

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Publisher : IUCN
ISBN 13 : 9782831708188
Total Pages : 168 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Environmental Law in Developing Countries by : Marianela Cedeño Bonilla

Download or read book Environmental Law in Developing Countries written by Marianela Cedeño Bonilla and published by IUCN. This book was released on 2004 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a selection of papers on various legal issues of interest to developing countries which have been prepared by Fellows from InWent who came to Germany between 2002 and 2004 from Africa, Asia, and Latin America to research and write about subjects of their choice at the IUCN Environmental Law Centre.

A History of Political Economy

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Publisher :
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis A History of Political Economy by : John Kells Ingram

Download or read book A History of Political Economy written by John Kells Ingram and published by . This book was released on 1888 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: