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Book L abus de domination en mati  re contractuelle

Download or read book L abus de domination en mati re contractuelle written by Mohamed Kassem and published by . This book was released on 1992 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: IL N'EST PAS DOUTEUX QUE LES REGLES PRINCIPALES EN MATIERE DE CONTRATS DANS LE CODE CIVIL DE 1804 SONT MARQUEES PAR LE SCEAU DE L'INDIVIDUALISME ET QUE LES IDEES LIBERALES ERPANDUES LE 18E SIECLE SONT A L'ORIGINE DE L'INTERPRETATION VOLONTARISTE QUE LA DOCTRINE DU 19E SIECLE A APPLIQUEE A L'ENSEMBLE DU DROIT CIVIL, TOUT EN CRISTALLISANT SUR LE REGIME DU CONTRAT LE PRINCIPE DE L'AUTONOMIE DE LA VOLONTE ET ET SES GRANDS PILIERS SURTOUT LA LIBERTE CONTRACTUELLE. LES CONTRACTANTS ETAIENT EN EFFET PRESUMES LIBRES ET EGAUX, DONC CAPABLES DE DEFENDRE LEURS INTERETS. D'OU L'INDIFFERENCE DU CODE A L'EGARD DU DESEQUILIBRE CONTRACTUEL. LE CODE NE PREVOYAIT EN FAIT D'AUTRE REMEDE A LA FAIBLESSE DU CONTRACTANT QUE LA THEORIE DES VICES DU CONSENTEMENT OU CELLE DE L'INCAPACITE. L'EVOLUTION ECONOMIQUE ET SOCIAL VA DEMONTRER L'EXAGERATION DU POSTULAT D'EGALITE ET DE LIBERTE DES CONTRACTANTS. CETTE EVOLUTION A ENTRAINE L'APPARITION DES CONTRATS D'ADHESION QUI SONT DEVENUS DES MOYENS D'ABUS DE DOMINATION. LES TECHNIQUES CLASSIQUES VONT APPARAITRE INSUFFISANTES POUR PROTEGER LE CONTRACTANT EN POSITION DE FAIBLESSE ECONOMIQUE OU SOCIALE. A L'OPPOSE DE CETTE INDIFFERENCE CLASSIQUE A L'EGARD DE L'ABUS DE DOMINATION, SE TROUVE LE MOUVEMENT LEGISLATIF ET JURISPRUDENTIEL TENDANT VERS PLUS DE JUSTICE CONTRACTUELLE PAR LA PRISE EN CONSIDERATION DE L'ABUS DE DOMINATION. CETTE REACTION CONTEMPORAINE SE CONCRETISE DANS LES DIFFERENTS DROITS NATIONAUX PAR UNE PROTECTION RENFORCEE DU CONSENTEMENT DU CONTRACTANT EN POSITION DE FAIBLESSE ET PAR LE REEQULIBRAGE IMPOSE DULIEN CONTRACTUEL PAR UN CONTROLE DE SON CONTENU ET EGALEMENT SON EXECUTION.

Book European Contract Law

    Book Details:
  • Author : Bénédicte Fauvarque-Cosson
  • Publisher : Walter de Gruyter
  • Release : 2009-04-27
  • ISBN : 3866537255
  • Pages : 649 pages

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Book Abusive Practices in Competition Law

Download or read book Abusive Practices in Competition Law written by Fabiana Di Porto and published by Edward Elgar Publishing. This book was released on with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?

Book Principles of European Contract Law

    Book Details:
  • Author : Commission on European Contract Law
  • Publisher : Kluwer Law International B.V.
  • Release : 2000-01-01
  • ISBN : 9041113053
  • Pages : 612 pages

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

Book A Practical Guide to the South African Competition Act

Download or read book A Practical Guide to the South African Competition Act written by Minette Neuhoff and published by . This book was released on 2017 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Buyer Power in EU Competition Law

Download or read book Buyer Power in EU Competition Law written by Ignacio Herrera Anchustegui and published by . This book was released on 2017-10-31 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis presents a comprehensive and cross-sectional discussion of buyer power to determine the legal regulation of buyer conducts under EU competition law. It focuses on four main research areas: understanding buyer power; analysing the legal treatment given to the exertion of anticompetitive buyer power under EU competition law; exploring theories of harm applicable to buyer power abuse, and ascertaining the welfare standard employed for buyer power cases.

Book Treaty Series   Recueil Des Traites

Download or read book Treaty Series Recueil Des Traites written by United Nations and published by UN. This book was released on 2007-11-02 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Strongmen

    Book Details:
  • Author : Hans Kribbe
  • Publisher : McGill-Queen's Press - MQUP
  • Release : 2020-10-22
  • ISBN : 0228004721
  • Pages : 238 pages

Download or read book The Strongmen written by Hans Kribbe and published by McGill-Queen's Press - MQUP. This book was released on 2020-10-22 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seven decades after the liberation of Europe, the strongmen of global politics are back, dominating not only the headlines but international relations, the global economy, and the world's security. The strongman has a style and strategy of leadership that is anathema to the liberal democratic norms and practices of Europe. He (it is always he) challenges principles of consensus and collaboration, willingly tears up trade agreements, invades territory, and seeks to provoke and disrupt the status quo in order to achieve advantage. Such behaviour confounds and frustrates his counterparts abroad and yet, as this book shows, it can be anticipated, even understood, offering hope for dealing with and neutralizing it. Hans Kribbe draws on a range of political ideas to provide insight into the strongman's seemingly irrational and idiosyncratic behaviour and to better understand how he wields power and to what end. With the world's largest economies, including Europe's key ally, as well as strategic neighbouring states controlled by strongmen - Xi Jinping, Donald Trump, Vladimir Putin, and Recep Tayyip Erdogan - Europe must learn to adapt and respond if it is to beat them at their own game.

Book Choice   A New Standard for Competition Law Analysis

Download or read book Choice A New Standard for Competition Law Analysis written by Professor of Law Paul Nihoul and published by . This book was released on 2016-06-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, ten prominent authors offer eleven contributions that provide their varying perspectives on the subject of consumer choice in the EU, Member States, and in the US. Various aspects of consumer choice are covered, such as the concept of freedom of choice in the application of EU competition law; the antitrust enforcement application of consumer choice by agencies; the historical origin of consumer choice as a concept grounded in German ordoliberalism; the economic approach adopted as well as the use of consumer welfare and consumer choice in EU competition law to reconcile it with intellectual property law; consumer choice as a mean to facilitate convergence between US antitrust law and EU competition law, etc. This volume offers readers an exhaustive and multifaceted discussion of the crucial concept of consumer choice and its relevance for modern competition law.

Book Narratives of fear and safety

Download or read book Narratives of fear and safety written by Kaisa Kaukiainen and published by BoD - Books on Demand. This book was released on 2020-09-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this edited volume, written in English and French, tackle the intriguing problems of fear and safety by analysing their various meanings and manifestations in literature and other narrative media. The articles bring forth new, cross-cultural interpretations on fear and safety through examining what kinds of genre-specific means of world-making narratives use to express these two affectivities. The articles also show how important it is to study these themes in order to understand challenges in times of global threats, such as the climate crisis. The main themes of the book are approached from various theoretical perspectives as related to their literary and cultural representations. Recent trends in research, such as affect and risk theory, serve as the basis for the discussion. The articles in the volume also draw from disciplines such as gender studies and trauma studies to examine the threats posed by collective fears and aggression on individuals' lives and propose ways of coping with fear. These themes are addressed also in articles analysing new adaptations of old myths that retell stories of the past. Many of the articles in the volume discuss apocalyptic and dystopian narratives that currently permeate the entire cultural landscape. Dystopian narratives do not only deal with future threats, such as totalitarianism, technocracy, or environmental disasters, but also suggest alternative ways of being and new hopes in the form of political resistance.

Book The EU Charter of Fundamental Rights

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 1938 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

Book Before We Visit the Goddess

    Book Details:
  • Author : Chitra Banerjee Divakaruni
  • Publisher : Simon and Schuster
  • Release : 2017-04-25
  • ISBN : 1476792011
  • Pages : 240 pages

Download or read book Before We Visit the Goddess written by Chitra Banerjee Divakaruni and published by Simon and Schuster. This book was released on 2017-04-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new novel from the author of Oleander Girl, a novel in stories, built around crucial moments in the lives of 3 generations of women in an Indian/Indian-American Family"--

Book Essays in Legal History

Download or read book Essays in Legal History written by Sir Paul Vinogradoff and published by . This book was released on 1972 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Forest Landscape Management

Download or read book Forest Landscape Management written by United States. Forest Service. Northern Region and published by . This book was released on 1972 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Principles of European Insurance Contract Law  PEICL

Download or read book Principles of European Insurance Contract Law PEICL written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Book The Human Rights Handbook

Download or read book The Human Rights Handbook written by Kathryn English and published by . This book was released on 1997 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Handbook is an essential guide to human rights, the structures that uphold them and their implementation. This is a text designed to be used practically. Informative and readable, The Human Rights Handbook is aimed at non-governmental organisations working within local communities. It is also vital to all law and public libraries.

Book Syria and Lebanon

    Book Details:
  • Author : Albert Habib Hourani
  • Publisher : London : Oxford University Press
  • Release : 1954
  • ISBN : 9780849027147
  • Pages : 402 pages

Download or read book Syria and Lebanon written by Albert Habib Hourani and published by London : Oxford University Press. This book was released on 1954 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: