Author:
Publisher: Editions Bréal
Total Pages: 241
Release:
Genre:
ISBN: 2749523141

Tort Law in France

Tort Law in France
Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
Total Pages: 310
Release: 2021-08-20
Genre: Law
ISBN: 940353575X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Reforming the French Law of Obligations

Reforming the French Law of Obligations
Author: John Cartwright
Publisher: Bloomsbury Publishing
Total Pages: 950
Release: 2009-04-17
Genre: Law
ISBN: 1847317219

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.

Comparative Law of Obligations

Comparative Law of Obligations
Author: Vicente, Dário M.
Publisher: Edward Elgar Publishing
Total Pages: 496
Release: 2021-12-09
Genre: Law
ISBN: 1789905818

This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Recueil Des Cours, 1984

Recueil Des Cours, 1984
Author: Academie De Droit International De La Ha
Publisher: Martinus Nijhoff Publishers
Total Pages: 404
Release: 1985-05-01
Genre: History
ISBN: 9789024731770

L'option entre la responsabilité contractuelle et la responsabilité délictuelle

L'option entre la responsabilité contractuelle et la responsabilité délictuelle
Author: Salma Abid Mnif
Publisher: Editions L'Harmattan
Total Pages: 580
Release: 2014-10-01
Genre: Law
ISBN: 2336358093

Au-delà de l'exposé des divergences et des convergences entre le droit français et le droit tunisien concernant le problème de l'option entre la responsabilité contractuelle et la responsabilité délictuelle, cet ouvrage propose une option modérée qui trouve sa justification profonde dans le recoupement des faits générateurs des responsabilités contractuelle et délictuelle.

English and Continental Maritime Law

English and Continental Maritime Law
Author: Herman Boonk
Publisher: Maklu
Total Pages: 175
Release: 2003
Genre: Bills of lading
ISBN: 9062158099

The sixth marine law seminar organized by the European Institute of Marine and Transport Law.

French Civil Liability in Comparative Perspective

French Civil Liability in Comparative Perspective
Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
Total Pages: 548
Release: 2019-12-26
Genre: Law
ISBN: 150992728X

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.