Le Nouveau Droit Des Obligations 3ed

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Le nouveau droit des obligations 3ed

Author : Gaël Chantepie
Publisher : Dalloz
ISBN 13 : 2247234836
Total Pages : 7310 pages
Book Rating : 4.2/5 (472 download)

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Book Synopsis Le nouveau droit des obligations 3ed by : Gaël Chantepie

Download or read book Le nouveau droit des obligations 3ed written by Gaël Chantepie and published by Dalloz. This book was released on 2024-05-02 with total page 7310 pages. Available in PDF, EPUB and Kindle. Book excerpt: La réforme du droit des obligations effectuée par l'ordonnance n° 2016-131 du 10 février 2016 et la loi n° 2018-287 du 20 avril 2018 a réécrit un corps de textes resté quasiment inchangé depuis 1804. Souvent présentée comme une œuvre de consolidation, cette réforme a pourtant transformé en profondeur l'état du droit antérieur. Au-delà même des nouveautés immédiatement apparentes, elle a ouvert un nouveau processus d'interprétation des textes par la jurisprudence. Le changement est significatif et l'on ne peut plus, désormais, comprendre et appliquer le droit commun des obligations sans repartir des textes nouveaux établis par le législateur. Cet ouvrage commente, dans une perspective théorique et pratique, l'ensemble des textes issus de la réforme dans l'ordre du Code civil. Depuis ses deux premières éditions, le commentaire s'est enrichi des apports de l'ensemble des acteurs juridiques concernés par le nouveau droit des obligations. Mis à l'épreuve de ces confrontations pratiques, théoriques et contentieuses, le seul texte de la réforme ne suffit plus, en effet, à rendre compte de son application effective et des réflexions suscitées. Il constitue toujours, néanmoins, un point de départ incontournable pour toute réflexion sur le nouveau droit des obligations. Afin de mettre en évidence le fruit de ces apports, cette nouvelle édition s'enrichit de postcommentaires, centrés sur une question pratique, contentieuse ou théorique. Poursuivant ainsi l'ambition initiale de reprendre l'analyse du droit des obligations à partir du texte de la réforme, sans s'arrêter à sa seule analyse littérale, elle ouvre ainsi de plus larges perspectives. Cet ouvrage s'adresse à tous ceux, professionnels, universitaires, étudiants, qui souhaitent découvrir, approfondir et mettre en pratique le nouveau droit des obligations. Il permet de comprendre les nouveaux textes, de les critiquer et de discuter des interprétations possibles.

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 Code Napoléon Rewritten

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911618
Total Pages : 563 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Code Napoléon Rewritten by : John Cartwright

Download or read book The Code Napoléon Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

Cases, Materials and Text on Contract Law

Author : Hugh Beale
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912584
Total Pages : 1515 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Cases, Materials and Text on Contract Law by : Hugh Beale

Download or read book Cases, Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-28 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

Comparative Contract Law

Author : Thomas Kadner Graziano
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373678
Total Pages : 755 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Comparative Contract Law by : Thomas Kadner Graziano

Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.

The New French Law of Contract

Author : Solène Rowan
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.

Le nouveau droit des obligations et des contrats

Author : CHÉNEDÉ
Publisher :
ISBN 13 : 9782247169573
Total Pages : 0 pages
Book Rating : 4.1/5 (695 download)

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Book Synopsis Le nouveau droit des obligations et des contrats by : CHÉNEDÉ

Download or read book Le nouveau droit des obligations et des contrats written by CHÉNEDÉ and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

2022

Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111241246
Total Pages : 830 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis 2022 by : Ernst Karner

Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Le nouveau droit des obligations

Author : Kohl
Publisher :
ISBN 13 : 9782512012313
Total Pages : 0 pages
Book Rating : 4.0/5 (123 download)

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Book Synopsis Le nouveau droit des obligations by : Kohl

Download or read book Le nouveau droit des obligations written by Kohl and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Courts and Comparative Law

Author : Mads Andenas
Publisher : OUP Oxford
ISBN 13 : 0191059048
Total Pages : 825 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Courts and Comparative Law by : Mads Andenas

Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Cases on the Conflict of Laws

Author : Ernest Gustav Lorenzen
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Cases on the Conflict of Laws by : Ernest Gustav Lorenzen

Download or read book Cases on the Conflict of Laws written by Ernest Gustav Lorenzen and published by . This book was released on 1909 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcement of Judgments in Europe

Author : Wendy A. Kennett
Publisher : Oxford University Press, USA
ISBN 13 : 9780198298199
Total Pages : 510 pages
Book Rating : 4.2/5 (981 download)

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Book Synopsis Enforcement of Judgments in Europe by : Wendy A. Kennett

Download or read book Enforcement of Judgments in Europe written by Wendy A. Kennett and published by Oxford University Press, USA. This book was released on 2000 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of "judicial cooperation". One of the areas targeted for rapid attention is improvement in the recognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.

International Law for Humankind

Author : Antônio Augusto Cançado Trindade
Publisher : BRILL
ISBN 13 : 9004425217
Total Pages : 770 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2020-03-17 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

Arbitration in Switzerland

Author : Dr. Manuel Arroyo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192743
Total Pages : 3026 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in Switzerland by : Dr. Manuel Arroyo

Download or read book Arbitration in Switzerland written by Dr. Manuel Arroyo and published by Kluwer Law International B.V.. This book was released on 2018-08-06 with total page 3026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Switzerland

Comparative Contract Law, Second Edition

Author : Thomas Kadner Graziano
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975472
Total Pages : 622 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Comparative Contract Law, Second Edition by : Thomas Kadner Graziano

Download or read book Comparative Contract Law, Second Edition written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.

Routledge Handbook of Private Law and Sustainability

Author : Marta Santos Silva
Publisher : Taylor & Francis
ISBN 13 : 1040037437
Total Pages : 693 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Routledge Handbook of Private Law and Sustainability by : Marta Santos Silva

Download or read book Routledge Handbook of Private Law and Sustainability written by Marta Santos Silva and published by Taylor & Francis. This book was released on 2024-06-05 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

Author : Martijn Hesselink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119620
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe by : Martijn Hesselink

Download or read book The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.