Download or read book Essai sur la condition en droit des contrats written by Mathias Latina and published by . This book was released on 2007 with total page 1256 pages. Available in PDF, EPUB and Kindle. Book excerpt: La condition est une notion hybride qui puise son particularisme, tant dans sa dimension conceptuelle, que dans sa dimension fonctionnelle. La condition est d’abord une relation de subordination à un évènement incertain qui n’a aucun impact sur l’existence du lien contractuel, ce qui la distingue des conditions de validité, mais est susceptible d’affecter tous les effets spécifiques du contrat, qu’ils soient constitutifs, translatifs, ou extinctifs. Ainsi, la présentation traditionnelle qui fait de la condition une « modalité de l’obligation », et qui légitime par là même son étude avec le régime de celle-ci, est par trop réductrice. Sa fonction est ensuite d’introduire dans le champ contractuel les motifs qui ont présidé à la conclusion du contrat afin de protéger les parties contre le risque d’inutilité ou de dangerosité de l’engagement souscrit. Cette vision renouvelée de la notion condition permet de modifier l’appréhension de son jeu. Parce que la condition suspensive n’empêche que la production de l’efficacité de la convention, la situation contractuelle précédant l’arrivée de l’évènement s’explique, non par l’existence d’une obligation en germe ou d’un droit au bénéfice de la condition, mais par celle d’un lien contractuel doté de force obligatoire. Quant à l’automaticité et à la rétroactivité qui sont encore aujourd’hui considérées comme les traits caractéristiques de son jeu, elles doivent à nouveau être soumises à l’analyse. La première est en effet sérieusement affectée par la faculté de renonciation à la défaillance de la condition reconnue par la jurisprudence, et la seconde n’a pas l’évidente nécessité qu’on lui prête encore parfois.
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 Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 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 Remedies for Breach of Contract written by Solène Rowan and published by OUP Oxford. This book was released on 2012-01-26 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Catalogue of the Library of the T ky Teikoku Daigaku written by Tōkyō Teikoku Daigaku. Toshokan and published by . This book was released on 1896 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Internationales und Ausl ndisches Recht written by Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin and published by . This book was released on 1914 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Napoleon and the Woman Question written by June K. Burton and published by Texas Tech University Press. This book was released on 2007 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Examination of predominantly primary sources focuses on discourses of women and women's issues in light of the prevailing view of the relationship between the physical and the moral in feminine bodies and minds. Burton discusses France's first national system of midwifery education, women's medicine and surgery, and medical law"--Provided by publisher.
Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
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 Theory of International Law at the Threshold of the 21st Century written by Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
Download or read book Essai sur la condition en droit des contrats vol 505 written by Latina and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Catalogue de la Biblioth que de la Cour Supr me Et de la Cour de L chiquier Du Canada 1897 written by Canada. Supreme Court. Library and published by S.E. Dawson. This book was released on 1897 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law in France written by Nicolas Bouche and published by Kluwer Law International B.V.. This book was released on 2020-01-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Download or read book Bibliotheca Orientalis written by Luzac &co and published by . This book was released on 1926 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays in the History of Canadian Law written by G. Blaine Baker and published by University of Toronto Press. This book was released on 1981-01-01 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
Download or read book Publications written by and published by . This book was released on 1904 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes documents, translations, proceedings, reports, papers.
Download or read book Proceedings of the Fourth International Congress of Actuaries Held in New York written by and published by . This book was released on 1904 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
