Reforme Du Droit Des Contrats Du Regime General
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| Author | : Solène Rowan |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2022-08-22 |
| Genre | : Contracts |
| ISBN | : 0198810873 |
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.
| Author | : TT Arvind |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 533 |
| Release | : 2020-08-06 |
| Genre | : Law |
| ISBN | : 1509926119 |
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
| Author | : Maren Heidemann |
| Publisher | : Springer |
| Total Pages | : 472 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319959697 |
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
| Author | : John Cartwright |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 533 |
| Release | : 2017-10-05 |
| Genre | : Law |
| ISBN | : 1509911596 |
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.
| 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.
| Author | : Thomas Kadner Graziano |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 622 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1788975472 |
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.
| Author | : Edward Yorio |
| Publisher | : Wolters Kluwer |
| Total Pages | : 832 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 145480114X |
Rev. ed. of: Contract enforcement / Edward Yorio. c1989.
| Author | : Fabio Bortolotti |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 308 |
| Release | : 2019-07-15 |
| Genre | : Law |
| ISBN | : 9403514736 |
Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
| Author | : Arianna Whelan |
| Publisher | : Cambridge University Press |
| Total Pages | : 295 |
| Release | : 2023-03-31 |
| Genre | : Law |
| ISBN | : 1108845584 |
A comprehensive analysis of the continued, structural importance of reciprocity in contemporary public international law.
| Author | : Sophie Turenne |
| Publisher | : Cambridge University Press |
| Total Pages | : 307 |
| Release | : 2023-04-30 |
| Genre | : Law |
| ISBN | : 1009246372 |
Essays in honour of John Bell on the art of comparative law, focussing on the manner of 'legal development'.
