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Autour Du Droit Des Contrats
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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.
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.
Book Synopsis Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection by : Clelia Lacchi
Download or read book Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection written by Clelia Lacchi and published by Éditions Larcier. This book was released on 2020-09-09 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.
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.
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 Mélanges en l'honneur de David Pugsley by : Johannes Michaël Rainer
Download or read book Mélanges en l'honneur de David Pugsley written by Johannes Michaël Rainer and published by Primento. This book was released on 2013-08-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers. Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers.
Author :Academie De Droit International de la Haye Publisher :Martinus Nijhoff Publishers ISBN 13 :9789041114860 Total Pages :420 pages Book Rating :4.1/5 (148 download)
Book Synopsis Recueil Des Cours, Collected Courses, Volume 275 (1998) by : Academie De Droit International de la Haye
Download or read book Recueil Des Cours, Collected Courses, Volume 275 (1998) written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 2000-12-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - La loi applicable à la garantie bancaire à premieère demande, par O. ELWAN, professeur à l'Université de Heidelberg; - The North American Free Trade Agreement: A Comparative Analysis by A.L.C. DE MESTRAL, Professor at McGill University, Montreal.
Author : Publisher :Editions Bréal ISBN 13 :2749523125 Total Pages :179 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 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.
Book Synopsis Annual Supplement to the Catalogue of the Library of Parliament in Alphabetical and Subject Order ... by : Canada. Parliment. Library
Download or read book Annual Supplement to the Catalogue of the Library of Parliament in Alphabetical and Subject Order ... written by Canada. Parliment. Library and published by . This book was released on 1891 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Report of the joint librarians of Parliament" (in English and French) included in each number.
Author :Katharina Boele-Woelki Publisher :Eleven International Publishing ISBN 13 :9077596194 Total Pages :1057 pages Book Rating :4.0/5 (775 download)
Book Synopsis General Reports of the XVIIth Congress of the International Academy of Comparative Law by : Katharina Boele-Woelki
Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.
Book Synopsis Developing Intra-Regional Exchanges Through the Abolition of Commercial and Tariff Barriers / L'abolition Des Barrières Commerciales Et Tarifaires Dans la Région de L'Océan Indien by : Otmar Seul
Download or read book Developing Intra-Regional Exchanges Through the Abolition of Commercial and Tariff Barriers / L'abolition Des Barrières Commerciales Et Tarifaires Dans la Région de L'Océan Indien written by Otmar Seul and published by Peter Lang. This book was released on 2016-12-06 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is related to the development of intraregional commercial exchanges in the region of the Indian Ocean. This issue is addressed from an economic as well as from a legal point of view. The contributions, in English and French, aim to present an overview of the economic, customs-related, technical, legal and cultural restraints that hinder the creation of a free trading area. Cet ouvrage est consacré au développement des échanges commerciaux intrarégionaux dans la région de l'Océan Indien. Cette question est examinée sous un angle politique, économique et juridique. Les différentes contributions, en anglais et en français, visent à établir un état des lieux des freins économiques, douaniers, techniques, juridiques et culturels à la création d'un espace de libre échange.
Book Synopsis Recueil Des Cours, 1989-I by : Francois Rigaux
Download or read book Recueil Des Cours, 1989-I written by Francois Rigaux and published by Martinus Nijhoff Publishers. This book was released on 1989-12-21 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Capacitas written by Simon Deakin and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and context-specific. The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, 'capacity' is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy.
Book Synopsis La quête anthropologique du droit by : Christoph Eberhard
Download or read book La quête anthropologique du droit written by Christoph Eberhard and published by KARTHALA Editions. This book was released on 2006 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le monde change et avec lui nos manières de penser le droit. Comment comprendre les transformations juridiques contemporaines ? Quel sens leur donner à l'âge de la globalisation ? Comment aborder le droit comme un révélateur de nos manières de vivre ensemble autant que comme l'un des outils de leur mise en forme ? Ces questions centrales à la démarche anthropologique d'Etienne Le Roy, l'un des bâtisseurs de l'anthropologie du droit française, sont éclairées dans cet ouvrage à travers des études enracinées sur les cinq continents et privilégiant la dimension anthropologique du droit. Les auteurs abordent les défis qui se présentent à un droit de plus en plus inscrit entre global et local et s'interrogent sur les métamorphoses contemporaines de l'Etat et de la Justice. Loin d'une anthropologie " exotique " ce sont les enjeux contemporains des restructurations juridiques, politiques et économiques dans la rencontre des cultures qui sont abordés. Les questionnements théoriques ainsi que les études de terrain inscrites dans les champs de recherche privilégiés de l'anthropologie du droit tels que le foncier et la gestion des ressources naturelles, la médiation et les modes alternatifs de règlement des conflits reflètent les évolutions les plus récentes dans le domaine et offrent un panorama des recherches et enjeux dans le champ de l'anthropologie du droit. Ces analyses qui partagent toutes la vision d'Etienne Le Roy selon lequel " le droit est moins ce qu'en disent les textes que ce qu'en font les acteurs " contribuent à mieux comprendre le monde dans lequel nous vivons et à éclairer les questions brûlantes que constituent aujourd'hui la gouvernance et le développement durable dans une mondialisation respectueuse de la diversité des cultures et sensible aux réalités de terrain.
Book Synopsis Festschrift Ahmed Sadek El-Kosheri by : Mohamed Abdel Raouf
Download or read book Festschrift Ahmed Sadek El-Kosheri written by Mohamed Abdel Raouf and published by Kluwer Law International B.V.. This book was released on 2015-06-24 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Festschrift, the Bahrain Chamber for Dispute Resolution (BCDR-AAA) is starting a tradition of honoring Arab scholars and practitioners who promote international arbitration and international law. Over the last few decades, international arbitration institutions and international law societies have generously acknowledged the work of leading scholars and practitioners from the region. The time has come, however, for these individuals to be honored by institutions within the region. It should come as no surprise that the BCDR-AAA is dedicating this first Festschrift to Professor Dr. Ahmed El-Kosheri. His immense contributions to international commercial arbitration, international investment arbitration, and international law more broadly, as well as his significant influence on a generation of lawyers and students from the Arab region and beyond, fully justify this choice. As a testament to Dr. El-Kosheri's remarkable career, broad intellectual horizons and extensive geographical reach, the Festschrift includes contributions from forty-six authors-judges, arbitrators, practitioners and scholars-representing twenty-one nationalities from the Middle East, North and Western Africa, East Asia, Europe, and North and South America, who wrote on topics as diverse as international arbitration and ADR mechanisms, international investment law, public international law (including international administrative law), and private international law in Arabic, English, and French. One can hardly think of another Arab figure who has done more than Dr. El-Kosheri to strengthen international law while bridging legal-cultural divides between the Arab region and the rest of the world. He will undoubtedly continue to inspire many generations to come.
Book Synopsis Annual Supplement to the Catalogue of the Library of Parliament in Alphabetical and Subject Order by : Canada. Library of Parliament
Download or read book Annual Supplement to the Catalogue of the Library of Parliament in Alphabetical and Subject Order written by Canada. Library of Parliament and published by . This book was released on 1880 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
