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Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)

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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:

Reforming the French Law of Obligations

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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

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Publisher : Oxford University Press
ISBN 13 : 0192538977
Total Pages : 337 pages
Book Rating : 4.1/5 (925 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 2022-08-01 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

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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.

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.

Remedies for Breach of Contract

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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.

The Interaction of Contract Law and Tort and Property Law in Europe

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Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Commentaries on European Contract Laws

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Publisher : Oxford University Press
ISBN 13 : 0192508008
Total Pages : 2379 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-12 with total page 2379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

La contractualisation dans les systèmes de santé

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Publisher : KARTHALA Editions
ISBN 13 : 9782845867130
Total Pages : 612 pages
Book Rating : 4.8/5 (671 download)

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Book Synopsis La contractualisation dans les systèmes de santé by : Jean Perrot

Download or read book La contractualisation dans les systèmes de santé written by Jean Perrot and published by KARTHALA Editions. This book was released on 2005 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: La démarche contractuelle est nouvelle dans les systèmes de santé, notamment dans les pays en développement. La multiplication et la diversification mais aussi la spécialisation des acteurs travaillant dans le domaine de la santé impliquent des relations entre eux qu'il faut organiser: la contractualisation le permet. Dans un mouvement accru en faveur de la déconcentration, les acteurs publics ne peuvent plus fonctionner en effet sur un mode hiérarchique alors que la gouvernance est au cœur des préoccupations. La contractualisation leur apporte des possibilités multiples, soit pour mieux collaborer entre eux, soit pour mieux exécuter leurs missions. Ces données montrent l'importance du champ de la contractualisation que ce livre parcoure en offrant aux lecteurs une double entrée : par la démarche et par les acteurs. Les deux premières parties sont consacrées à la présentation des concepts mais aussi des outils et des processus permettant la conception et la mise en œuvre d'une politique de contractualisation. La troisième partie détaille, pour chaque type d'acteurs, les possibilités apportées par la démarche contractuelle. Une dernière partie apporte la contribution de différentes approches pour analyser la contractualisation. Le message principal de cet ouvrage est que la contractualisation, lorsqu'elle est correctement utilisée, peut être un outil efficace pour améliorer la performance des systèmes de santé. Si la démarche contractuelle est applicable dans tous les pays, les auteurs accordent une importance particulière à la situation des pays en développement où la faiblesse des ressources et de la gouvernance donne une teneur particulière aux recommandations qui peuvent être faites.

Service Contracts

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Publisher : Walter de Gruyter
ISBN 13 : 3866537115
Total Pages : 1095 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Service Contracts by : Maurits Barendrecht

Download or read book Service Contracts written by Maurits Barendrecht and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union – though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated.

Medical Responsibility in Western Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 3642704492
Total Pages : 850 pages
Book Rating : 4.6/5 (427 download)

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Book Synopsis Medical Responsibility in Western Europe by : Erwin Deutsch

Download or read book Medical Responsibility in Western Europe written by Erwin Deutsch and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts

Revue de Droit de McGill

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Publisher :
ISBN 13 :
Total Pages : 1018 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Revue de Droit de McGill by :

Download or read book Revue de Droit de McGill written by and published by . This book was released on 1986 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Le droit international des transports maritimes 1999

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041116741
Total Pages : 172 pages
Book Rating : 4.1/5 (167 download)

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Book Synopsis Le droit international des transports maritimes 1999 by :

Download or read book Le droit international des transports maritimes 1999 written by and published by Martinus Nijhoff Publishers. This book was released on 2001 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established for further in-depth research in the area of international law. The topic for 1999 was "Le droit internationales des transports maritimes/The International Law of Maritime Transport,"

Principles of French Law

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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.

Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132090
Total Pages : 706 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev by : Jan Albert Van den Berg

Download or read book Yearbook Commercial Arbitration Volume Xxxv 2010 (Crc) Rev written by Jan Albert Van den Berg and published by Kluwer Law International B.V.. This book was released on 2010-11-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation Volume XXXV (2010) of the Yearbook marks a profound change in the waymaterials are presented to the reader. As of this Volume, the Yearbook'sselection of arbitral awards and court decisions - made accessible by translations, indices and categorized lists - is available to the reader in a combination of printedition and online publishing which takes into account the needs of anincreasingly mobile work environment.

Yearbook Commercial Arbitration Volume XXXV - 2010

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142665
Total Pages : 706 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Yearbook Commercial Arbitration Volume XXXV - 2010 by : Albert Jan Van Den Berg

Download or read book Yearbook Commercial Arbitration Volume XXXV - 2010 written by Albert Jan Van Den Berg and published by Kluwer Law International B.V.. This book was released on 2010-12-08 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

The Supreme Court Law Review

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Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Supreme Court Law Review by :

Download or read book The Supreme Court Law Review written by and published by . This book was released on 1982 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: