Les Obligations Le Fait Juridique

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Reforming the French Law of Obligations

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 184731502X
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.

Principles of French Law

Author : John Bell
Publisher : Oxford University Press
ISBN 13 : 0199541388
Total Pages : 610 pages
Book Rating : 4.1/5 (995 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 Oxford University Press. This book was released on 2008 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering students and lawyers an introduction to the French law and legal system, this text gives an explanation of the French institutions, concepts, and techniques, providing a clear sense of the questions which French lawyers see as important.

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

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Book Synopsis by :

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:

Introduction to French Law

Author : George A. Bermann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124667
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to French Law by : George A. Bermann

Download or read book Introduction to French Law written by George A. Bermann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

Third-Party Liability of Classification Societies

Author : Jürgen Basedow
Publisher : Springer Science & Business Media
ISBN 13 : 3540285628
Total Pages : 138 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Third-Party Liability of Classification Societies by : Jürgen Basedow

Download or read book Third-Party Liability of Classification Societies written by Jürgen Basedow and published by Springer Science & Business Media. This book was released on 2006-03-30 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classification societies may limit their liability. The study highlights the development in Australian, English, French, New Zealand, U.S. and German law.

La nécessité en droit international

Author : Sarah Cassella
Publisher : BRILL
ISBN 13 : 9004215867
Total Pages : 591 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La nécessité en droit international by : Sarah Cassella

Download or read book La nécessité en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

The Code Napoléon Rewritten

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911596
Total Pages : 533 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 533 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.

Justifying Private Rights

Author : Simone Degeling
Publisher : Bloomsbury Publishing
ISBN 13 : 150993197X
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Justifying Private Rights by : Simone Degeling

Download or read book Justifying Private Rights written by Simone Degeling and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.

French Civil Liability in Comparative Perspective

Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509927298
Total Pages : 545 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 545 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.

Justifying Strict Liability

Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192859862
Total Pages : 385 pages
Book Rating : 4.1/5 (928 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 2022-06-23 with total page 385 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.

Uncertain Causation in Medical Liability

Author : Lara Khoury
Publisher : Bloomsbury Publishing
ISBN 13 : 184731273X
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Uncertain Causation in Medical Liability by : Lara Khoury

Download or read book Uncertain Causation in Medical Liability written by Lara Khoury and published by Bloomsbury Publishing. This book was released on 2006-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Discrimination at Work

Author : Marie Mercat-Bruns
Publisher : Univ of California Press
ISBN 13 : 0520959582
Total Pages : 388 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Discrimination at Work by : Marie Mercat-Bruns

Download or read book Discrimination at Work written by Marie Mercat-Bruns and published by Univ of California Press. This book was released on 2016-02-22 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free ebook version of this title is available through Luminos, University of California Press’s new open access publishing program for monographs. Visit www.luminosoa.org to learn more. Do the United States and France, both post-industrial democracies, differ in their views and laws concerning discrimination? Marie Mercat-Bruns, a Franco-American scholar, examines the differences in how the two countries approach discrimination. Bringing together prominent legal scholars—including Robert Post, Linda Krieger, Martha Minow, Reva Siegel, Susan Sturm, Richard Ford, and others—Mercat-Bruns demonstrates how the two nations have adopted divergent strategies. The United States continues, with mixed success at “colorblind” policies, to deal with issues of diversity in university enrollment, class action sex-discrimination lawsuits, and rampant police violence against African American men and women. In France, the country has banned the full-face veil while making efforts to present itself as a secular republic. Young men and women whose parents and grandparents came from sub-Sahara and North Africa are stuck coping with a society that fails to take into account the barriers to employment and education they face. Discrimination at Work provides an incisive comparative analysis of how the nature of discrimination in both countries has changed, now often hidden, or steeped in deep unconscious bias. While it is rare for employers in both countries to openly discriminate, deep systemic discrimination exists, rooted in structural and environmental causes and the ways each state has dealt with difference in general. Invigorating and incisive, the book examines hot-button issues such as sexual harassment; race, religious and gender discrimination; and equality for LGBT individuals, thereby delivering comparisons meant to further social equality and fundamental human rights across borders.

Essential Cases on Damage

Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Essential Cases on Damage by : Benedict Winiger

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Verhandelingen der Koninklijke Nederlandse Akademie van Wetenschappen, Afd. Letterkunde

Author :
Publisher :
ISBN 13 :
Total Pages : 964 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Verhandelingen der Koninklijke Nederlandse Akademie van Wetenschappen, Afd. Letterkunde by :

Download or read book Verhandelingen der Koninklijke Nederlandse Akademie van Wetenschappen, Afd. Letterkunde written by and published by . This book was released on 1896 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Internationales und Ausländisches Recht

Author : Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin
Publisher :
ISBN 13 :
Total Pages : 1046 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Internationales und Ausländisches Recht by : Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin

Download or read book Internationales und Ausländisches Recht written by Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin and published by . This book was released on 1914 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Journal of the ... Assembly

Author : League of Nations. Assembly
Publisher :
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Journal of the ... Assembly by : League of Nations. Assembly

Download or read book Journal of the ... Assembly written by League of Nations. Assembly and published by . This book was released on 1925 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Tort Law

Author : Thomas Kadner Kadner-Graziano
Publisher : Routledge
ISBN 13 : 135134062X
Total Pages : 807 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Comparative Tort Law by : Thomas Kadner Kadner-Graziano

Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.