LE VICE DU CONSENTEMENT
Author | : Patrick Chauvel |
Publisher | : |
Total Pages | : 2388 |
Release | : 1981 |
Genre | : Consent (Law) |
ISBN | : |
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Author | : Patrick Chauvel |
Publisher | : |
Total Pages | : 2388 |
Release | : 1981 |
Genre | : Consent (Law) |
ISBN | : |
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.
Author | : Simon Deakin |
Publisher | : Bloomsbury Publishing |
Total Pages | : 182 |
Release | : 2009-08-03 |
Genre | : Law |
ISBN | : 1847315216 |
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.
Author | : |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 604 |
Release | : 1973-09-19 |
Genre | : Law |
ISBN | : 9789028606333 |
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .
Author | : Academie De Droit International De La Ha |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 480 |
Release | : 1968-12-01 |
Genre | : Law |
ISBN | : 9789028606227 |
Author | : George A. Bermann |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 528 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041124667 |
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.
Author | : |
Publisher | : BRILL |
Total Pages | : 428 |
Release | : 1983-03-21 |
Genre | : Law |
ISBN | : 9789024726288 |
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .