Download or read book The Construction Sources and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK

Download or read book Mistake Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

Download or read book The Harmonisation of European Contract Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2006-03-16 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

Download or read book Recueil Des Cours written by and published by . This book was released on 2008 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Yoram Dinstein, Professor emeritus of the University of Tel Aviv, reminds us that Article 38 of the Statute of the International Court of Justice prescribes three strata--often referred to as "sources"--Of international law. This study is confined to the interaction between two of those strata, namely treaties and customs, and does not deal with the general principles of law recognized by civilized nations. After the introductory chapter, the author first examines the creation of customary international law, and then the confirmation of custom and the extinction of custom (desuetude). The fifth chapter deals with treaties and its relation with contracting and non-contracting parties. Subsequently Professor Dinstein examines the application of treaties and custom to individuals and groups, and in the chapters that follow he studies the basic relationship between treaty and custom, the modes of coexistence of treaty and custom, jus cogens and jus dipositivum, and the impact of subsequent practice on treaties. The twelfth chapter deals with the interaction between binding decisions of the Security Council, custom and treaty"--Publisher's description.

Download or read book Developing Intra Regional Exchanges Through the Abolition of Commercial and Tariff Barriers L abolition Des Barri res Commerciales Et Tarifaires Dans la R gion de L Oc an Indien written by Otmar Seul and published by Peter Lang. This book was released on 2016-12-06 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is related to the development of intraregional commercial exchanges in the region of the Indian Ocean. This issue is addressed from an economic as well as from a legal point of view. The contributions, in English and French, aim to present an overview of the economic, customs-related, technical, legal and cultural restraints that hinder the creation of a free trading area. Cet ouvrage est consacré au développement des échanges commerciaux intrarégionaux dans la région de l'Océan Indien. Cette question est examinée sous un angle politique, économique et juridique. Les différentes contributions, en anglais et en français, visent à établir un état des lieux des freins économiques, douaniers, techniques, juridiques et culturels à la création d'un espace de libre échange.

Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Download or read book The Francophonie and the Orient written by Mathilde Kang and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Revitalising Language in Provence written by James Costa and published by John Wiley & Sons. This book was released on 2017-06-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revitalising Language in Provence: A Critical Approach questions the concept of language revitalization and challenges the field’s main tenets through a detailed analysis Southern France’s Provençal movement, one of Europe’s longest standing language revitalisation projects. Presents a wealth of new research data relating to revitalising language movement Offers an innovative new way of problematizing language revitalisation Questions the very concept of language revitalisation and challenges the field’s main tenets Reveals what language revitalisation movements really stand for, what they use language for, and who the people spearheading these movements are

Download or read book Divine Names on the Spot written by Fabio Porzia and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Ancient Greek and Semitic languages resorted to a large range of words to name the divine. Gods and goddesses were called by a variety of names and combinations of onomastic attributes. This broad lexicon of names is characterised by plurality and a tendency to build on different sequences of names; therefore, the Mapping Ancient Polytheisms project focuses on the process of naming the divine in order to better understand the ancient divine in terms of a plurality in the making. A fundamental rule for reading ancient divine names is to grasp them in their context - time and place, a ritual, the form of the discourse, a cultural milieu...: a deity is usually named according to a specific situation. From Artemis Eulochia to al-Lat, al-'Uzza and Manat, from Melqart to "my rock" in the biblical book of Psalms, this volume journeys between the sanctuary on Mount Gerizim and late antique magical practices, revisiting rituals, hymnic poetry, oaths of orators and philosophical prayers. While targeting different names in different contexts, the contributors draft theoretical propositions towards a dynamic approach of naming the divine in antiquity.'

Download or read book International Arbitration of Petroleum Disputes written by R. Doak Bishop and published by . This book was released on 1997 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Revue de droit written by and published by . This book was released on 1984 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Creating Futures written by Michel Godet and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports G n raux du XIX me Congr s de l Acad mie Internationale de Droit Compar written by Martin Schauer and published by Springer. This book was released on 2017-06-01 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

Download or read book Terra 2008 written by Leslie Rainer and published by Getty Publications. This book was released on 2011-06-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earthen architecture constitutes one of the most diverse forms of cultural heritage and one of the most challenging to preserve. It dates from all periods and is found on all continents but is particularly prevalent in Africa, where it has been a building tradition for centuries. Sites range from ancestral cities in Mali to the palaces of Abomey in Benin, from monuments and mosques in Iran and Buddhist temples on the Silk Road to Spanish missions in California. This volume's sixty-four papers address such themes as earthen architecture in Mali, the conservation of living sites, local knowledge systems and intangible aspects, seismic and other natural forces, the conservation and management of archaeological sites, research advances, and training.

Download or read book Simulacra and Simulation written by Jean Baudrillard and published by University of Michigan Press. This book was released on 1994 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Develops a theory of contemporary culture that relies on displacing economic notions of cultural production with notions of cultural expenditure. This book represents an effort to rethink cultural theory from the perspective of a concept of cultural materialism, one that radically redefines postmodern formulations of the body.

Download or read book The Planetarium written by Nathalie Sarraute and published by Deep Vellum Publishing. This book was released on 2023-01-31 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: A young writer has his heart set on his aunt's large apartment. With this seemingly simple conceit, the characters of The Planetarium are set in orbit and a galaxy of argument, resentment, and bitterness erupts. Telling the story from various points of view, Sarraute focuses below the surface, on the emotional lives of the characters in a way that surpasses even Virginia Woolf. Always deeply engaging, The Planetarium reveals the deep disparity between the way we see ourselves and the way others see us.

Download or read book Postcoloniality written by Margaret A. Majumdar and published by Berghahn Books. This book was released on 2007 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Postcolonial theory is one of the key issues of scholarly debates worldwide; debates, so the author argues, which are rather sterile and characterized by a repetitive reworking of old hackneyed issues, focussing on cultural questions of language and identity in particular. She explores the divergent responses to the debates on globalization.