Download or read book The Code Napol on Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cases Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-28 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Commentaire de la r forme du droit des contrats et des obligations written by Philippe Simler and published by . This book was released on 2018-12-06 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: La réforme du droit des contrats, du régime général et de la preuve des obligations par l'ordonnance n° 2016-131 du 10 février 2016 a constitué la plus importante opération de rénovation du Code civil depuis 1804. Elle a restructuré profondément la matière avec un certain nombre d'innovations. Cette 2e édition tient compte des modifications apportées par la loi de ratification du 20 avril 2018."

Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book R forme du droit des contrats du r gime g n ral written by Olivier Deshayes and published by . This book was released on 2018-10-20 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Des universitaires et auteurs de renom commentent et analysent les articles du Code civil issus de la réforme de l'ordonnance du 10 février 2016, telle que ratifiée par la loi de ratification de 2018.

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-12 with total page 2379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book Guide to Damages in International Arbitration written by John A Trenor and published by Law Business Research Ltd.. This book was released on 2018-01-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever been frustrated that arbitration folk aren't more numerate? The Guide to Damages in International Arbitration is a desktop reference work for those who'd like greater confidence when dealing with the numbers. This second edition builds upon last year's by updating and adding several new chapters on the function and role of damages experts, the applicable valuation approach, country risk premium, and damages in gas and electricity arbitrations.This edition covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. It is designed to help all participants in the international arbitration community to discuss damages issues more effectively and communicate them better to tribunals, with the aim of producing better awards. The book is split into four parts: Part I - Legal Principles Applicable to the Award of Damages; Part II - Procedural Issues and the Use of Damages Experts; Part III - Approaches and Methods for the Assessment and Quantification of Damages; Part IV - Industry-Specific Damages Issues

Download or read book Comparative Contract Law Second Edition written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Green Ages written by Annette Kehnel and published by Profile Books. This book was released on 2024-08-08 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE 2021 NDR BOOK PRIZE IN GERMANY 'A must-read' Lyndal Roper, Regius Professor of History at Oriel College, Oxford Fishing quotas on Lake Constance. Common lands in the UK. The medieval answer to Depop in the middle of Frankfurt. These are all just some of the sustainability initiatives from the Middle Ages that Annette Kehnel illuminates in her astounding new book, The Green Ages. From the mythical-sounding City of Ladies and their garden economy to early microcredit banks and rent-a-cow schemes, Kehnel uncovers a world at odds with what we might think of as the typical medieval existence. Pre-modern history is full of inspiring examples and concepts that open up new horizons. And we urgently need them as today's challenges - finite resources, the twilight of consumerism, growing inequality - threaten what we have come to think of as a modern way of living sustainably. This is a revelatory look at the past that has the power to change our future.

Download or read book Compliance with European Consumer Law written by Felix Pflücke and published by Oxford University Press. This book was released on 2024-08-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.

Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Download or read book Post Award Issues ASA Special Series No 38 written by Pierre Tercier and published by Juris Publishing, Inc.. This book was released on 2012-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.

Download or read book Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2010-11-09 with total page 1869 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.