Responsabilite Contractuelle Et Responsabilite Delictuelle
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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.
Author | : |
Publisher | : Editions Bréal |
Total Pages | : 241 |
Release | : |
Genre | : |
ISBN | : 2749523141 |
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.
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.
Author | : |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 464 |
Release | : 1974-08-08 |
Genre | : Law |
ISBN | : 9789028604247 |
Author | : Jean-Sébastien Borghetti |
Publisher | : Bloomsbury Publishing |
Total Pages | : 544 |
Release | : 2019-12-26 |
Genre | : Law |
ISBN | : 1509927298 |
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 | : Vincent Coussirat-Coustáere |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 582 |
Release | : 1989-03-23 |
Genre | : Law |
ISBN | : 9024737613 |
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 | : Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin |
Publisher | : |
Total Pages | : 1046 |
Release | : 1914 |
Genre | : Berlin (Germany) |
ISBN | : |
Author | : Solène Rowan |
Publisher | : OUP Oxford |
Total Pages | : 1864 |
Release | : 2012-01-26 |
Genre | : Law |
ISBN | : 0191630055 |
A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.