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| Author | : Sophie Stijns |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Contracts |
| ISBN | : 9781780684192 |
This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.
| 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 | : Jean-Sébastien Borghetti |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 576 |
| 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 | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 545 |
| Release | : 2017-10-26 |
| Genre | : Law |
| ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
| Author | : Yuliya Chernykh |
| Publisher | : BRILL |
| Total Pages | : 629 |
| Release | : 2022-01-17 |
| Genre | : Law |
| ISBN | : 9004414703 |
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
| Author | : Olivier Descamps |
| Publisher | : Cambridge University Press |
| Total Pages | : 913 |
| Release | : 2019-05-16 |
| Genre | : Law |
| ISBN | : 1108605753 |
French legal culture, from the Middle Ages to the present day, has had an impressive influence on legal norms and institutions that have emerged in Europe and the Americas, as well as in Asian and African countries. This volume examines the lives of twenty-seven key legal thinkers in French history, with a focus on how their Christian faith and ideals were a factor in framing the evolution of French jurisprudence. Professors Olivier Descamps and Rafael Domingo bring together this diverse group of distinguished legal scholars and historians to provide a unique comparative study of law and religion that will be of value to scholars, lawyers, and students. The collaboration among French and non-French scholars, and the diversity of international and methodological perspectives, gives this volume its own unique character and value to add to this fascinating series.
| Author | : Edward James Kolla |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2017-10-12 |
| Genre | : History |
| ISBN | : 1107179548 |
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
| Author | : Rodrigo Momberg |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 353 |
| Release | : 2017-09-21 |
| Genre | : Law |
| ISBN | : 1509914269 |
This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
| Author | : Philip Raworth |
| Publisher | : Oceana Publications |
| Total Pages | : 631 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9780195343014 |
This unique volume features an up-to-date expert English translation of the French Commercial Code and includes all amendments to the Code over the past year. The Code includes all commercial matters, including corporate, anti-trust, and bankruptcy law. Areas with extensive coverage include general provisions on commerce, commercial companies and economic interest groupings, certain types of sales and exclusivity clauses, freedom of prices and competition, negotiable instruments and guarantees, the organization of commerce, and certain regulated professions. This edition also includes footnotes explaining hard-to-translate terms, an extensive glossary of French legal terms and a practical topic index. This translation is especially useful for non-French speakers requiring a precise understanding of those matters governed by the Code as well as for those practitioners needing to explain the Code to English-speaking clients. The new 2007 edition incorporates changes to five of the eight Books of the Code - Books I, II, III, VI, and VII. The majority of the changes appear in Book II in the sections relating to the management and administration of public limited companies, as well as the many changes made to the sections relating to share capital and the shareholdings of employees. Also addressed in this edition are amendments to sections relating to commercial transactions, commercial persons, public auction sales, undertakings in difficulty and the registry of the Commercial Court. In addition to the full translation of the text of the Code, this volume includes useful footnotes to define French terms, and a glossary of French words translated into English.
