Download or read book La sanction pr ventive en droit de la responsabilit civile written by Cyril Sintez and published by Dalloz-Sirey. This book was released on 2011 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Une chose est de reconnaître que, de nos jours, le droit de la responsabilité civile n'est plus seulement orienté vers la réparation des dommages, mais aussi vers leur prévention, comme le font désormais la plupart des ouvrages . autre chose est d'en tirer les conséquences quant à la présentation des effets de responsabilité civile. Plusieurs thèses de doctorat de ces dernières années y contribuent, apportant des pierres majeures à l'édification d'un droit de la responsabilité en cours de refondation. La thèse de Cyril Sintez s'inscrit dans ce mouvement d'ensemble, en partant à la recherche de la réalité empirique de la prévention dans le droit positif de la responsabilité civile. (') Cela lui permet de donner une visibilité, aux côtés des mesures de réparation bien connues, aux mesures de prévention, très présentes en droit positif, et ce, dans toutes les dimensions de la prévention: anticipation, cessation, dissuasion et réparation anticipée. L'observation minutieuse du droit positif à laquelle se livre l'auteur, révèle leurs caractères communs, d'ètre à la fois proportionnées au risque de dommage encouru et adéquates à leur prévention, constat dont il induit un principe de prévention proportionnelle, pendant de celui de réparation intégrale. Elle montre aussi leur origine jurisprudentielle commune au point que la sanction prend sa source réelle, non pas tant dans le texte que dans l'interprétation du juge. Ce qui vaut à l'auteur une audacieuse et réaliste conception interprétative de la sanction. Pour toutes ces raisons, et bien d'autres encore, d'ordre théorique et sociologique, à découvrir à la lecture, la découverte de cette thèse constitue une expérience profondément stimulante. C.T. Après tout, nous savons tous ce qu'est la responsabilité, ce qu'est un dommage et ce qu'est une sanction' Mais est-ce si vrai ? (') C'est le pari relevé par Cyril Sintez de ne pas prendre pour un fait acquis la définition que la doctrine donne de la sanction en matière de responsabilité civile. Il ne s'agit pas tant ici de plaider en faveur d'un élargissement théorique de la notion de sanction, que de prendre acte de ce que font concrètement les tribunaux. (...) L'ouvrage que nous propose Cyril Sintez est le produit d'un projet ambitieux. Profitant d'un long séjour d'étude au Québec, où la tradition civiliste côtoie la tradition de common law, il a emprunté ce chemin de traverse qui mène aux études de jurisprudence. (') Dans une perspective interprétative, en partie inspirée de Dworkin, le droit cesse en effet d'ètre abordé comme cet énoncé autoportant auquel renvoie le normativisme kelsénien, mais comme la source et la conséquence d'un véritable travail d'interprétation. (') C'est l'idée sous-jacente de cet ouvrage qui reste, par bien d'autres côtés, une pièce de doctrine et une contribution à l'exploration des contenus du droit. P.N.
Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
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 545 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 Preventing Corporate Corruption written by Stefano Manacorda and published by Springer Science & Business. This book was released on 2014-04-28 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.
Download or read book Recueil des Cours Collected Courses written by Academie De Droit International De Le Haye and published by Martinus Nijhoff Publishers. This book was released on 1990-03-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
Download or read book Abstracts of Bulgarian Scientific Literature written by and published by . This book was released on 1972 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Embracing Risk written by Tom Baker and published by University of Chicago Press. This book was released on 2002-02-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: AcknowledgmentsList of Contributors1. Embracing RiskTom Baker and Jonathan SimonPart One: Toward a Sociology of Insurance and Risk2 Risk, Insurance, and the Social Construction of ResponsibilityTom Baker3 Beyond Moral Hazard: Insurance as Moral OpportunityDeborah Stone4 Embracing Fatality through Life Insurance in Eighteenth-Century EnglandGeoffrey Clark5 Imagining Insurance: Risk, Thrift, and Life Insurance in BritainPat O'Malley6 Insuring More, Ensuring Less: The Costs and Benefits of Private Regulation through InsuranceCarol A. Heimer7 Rhetoric of Risk and the Redistribution of Social InsuranceMartha McCluskeyPart Two: Risk(s) beyond Insurance8 Taking Risks: Extreme Sports and the Embrace of Risk in Advanced Liberal SocietiesJonathan Simon9 At Risk of MadnessNikolas Rose10 The Policing of RiskRichard V. Ericson and Kevin D. Haggerty11 The Return of Descartes's Malicious Demon: An Outline of a Philosophy of PrecautionFrancois Ewald (translated by Stephen Utz)Index Copyright © Libri GmbH. All rights reserved.
Download or read book Revue juridique Th mis written by and published by . This book was released on 2007 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.
Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Download or read book Criminal Enforcement of Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2012-10-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 19. Counterfeiting and the music industry: towards a criminalization of end users? The French 'HADOPI' exampleIndex.
Download or read book La Revue du barreau written by and published by . This book was released on 1999 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Download or read book Basic Questions of Tort Law from a Comparative Perspective written by Helmut Koziol and published by . This book was released on 2015 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The social security and the economic crisis II Proceedings of the European Institute for Social Security La s curit sociale et la crise conomique II Travaux de l Institut Europ en de S curit Sociale written by European Institute for Social Security Institut Européen de and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conference of the European Institute for social security, on the social security and the economic crisis, prepared by its Colloque, held in Tole do in 1981, was held from the 30th of September untill the 2nd of October in Zoetermeer, the Netherlands. The Yearbook 1982 contains the reports presented at the Conference in Zoetermeer, which was opened by the Dutch Minister of Social Affairs and Employment, L. de Graaf. The Conference had before it ten national reports and seven synthesis reports (Paul 0 'Higgins, Benefits in general; Jan Pierik, Financing; Winfried Schmahl, Pensions; Yves Saint Jours, Health; Pasquale Sandulli, Unemployment; Martin Partington, Minimum income and family allowances; Jef van Langendonck, Social Security and Economic Insecurity). Most unfortunately Paul O'Higgins did not deliver the written text of his report and we regret that for that reason, we cannot include his report in this yearbook. The Conference, which got the hospitality of the Dutch Social Security Council in Zoetermeer, was very well organised and financed by the Dutch social security institutions and the Ministry of Social Affairs and Employment. The Institute wants to express its sincere gratitude to Mr. J. Oosterhuis and his collegues and to the ladies of the secretariat Annemie Dancot, Jose Goes, Joke Torenburg and Lisette Veldkamp.
Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
Download or read book Recueil Des Cours Collected Courses 1957 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:
