Recueil Des Cours

Recueil Des Cours
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 464
Release: 1974-08-08
Genre: Law
ISBN: 9789028604247

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

The Interaction of Contract Law and Tort and Property Law in Europe

The Interaction of Contract Law and Tort and Property Law in Europe
Author: Christian von Bar
Publisher: Walter de Gruyter
Total Pages: 574
Release: 2009-04-27
Genre: Law
ISBN: 386653731X

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

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.

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.

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.

The UNIDROIT Principles in Practice

The UNIDROIT Principles in Practice
Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
Total Pages: 1179
Release: 2006-09-01
Genre: Law
ISBN: 1571053468

Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.

The Division of Wrongs

The Division of Wrongs
Author: Eric Descheemaeker
Publisher: Oxford University Press (UK)
Total Pages: 328
Release: 2009-06-18
Genre: Law
ISBN: 0199562792

rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman law.

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.