Reforming the French Law of Obligations

Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription ('the Avant-projet Catala')

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Author: John Cartwright,Stefan Vogenauer,Simon Whittaker

Publisher: Bloomsbury Publishing

ISBN: 1847317219

Category: Law

Page: 950

View: 4647

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.

The Code Napoléon Rewritten

French Contract Law after the 2016 Reforms

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Author: John Cartwright,Simon Whittaker

Publisher: Bloomsbury Publishing

ISBN: 1509911618

Category: Law

Page: 536

View: 5349

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.

The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

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Author: Christian von Bar,Ulrich Drobnig

Publisher: Walter de Gruyter

ISBN: 386653731X

Category: Law

Page: 573

View: 2869

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Remedies for Breach of Contract

A Comparative Analysis of the Protection of Performance

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Author: Solène Rowan

Publisher: OUP Oxford

ISBN: 0191630055

Category: Law

Page: 296

View: 5979

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.

The Future of Contract Law in Latin America

The Principles of Latin American Contract Law

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Author: Rodrigo Momberg,Stefan Vogenauer

Publisher: Bloomsbury Publishing

ISBN: 1509914269

Category: Law

Page: 352

View: 6503

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Europäisches Vertragsrecht

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Author: Hein Kötz

Publisher: Mohr Siebeck

ISBN: 9783161537677

Category: Law

Page: 549

View: 9949

English summary: This volume deals with the contract law of the European legal systems. What are the essential rules of these systems on the formation and validity of contracts? What rules apply to a party's right to bring a claim for performance, to terminate the contract or to claim damages for breach? While the discussion is based on the national rules, they are taken into account only as local variations on a European theme. To what extent is it therefore possible to speak of a common European law of contract? What contributions do the "Principles of European Contract Law" and the proposal of the "Draft Common Frame of Reference" make? This book is not only aimed at helping to teach young Europeans lawyers, but also strives to assist those engaged in the reform of national contract law or the drafting of uniform European legislation. The first 1996 edition of the volume has now been updated and completed. German description: Unter "Europaischem Vertragsrecht" versteht dieses Buch die Regeln, die den Rechtsordnungen der europaischen Lander gemeinsam sind: Wie kommt ein gultiger Vertrag zustande? Nach welchen Regeln wird beurteilt, ob eine Vertragspartei die Erfullung des Vertrages verlangen, von dem Vertrag Abstand nehmen, ihn widerrufen oder kundigen oder den Kontrahenten auf Schadensersatz in Anspruch nehmen kann? Lassen sich auf dem Gebiet des Vertragsrechts gemeineuropaische Strukturen auffinden? Gibt es allgemein akzeptierte Regeln? Wie sind sie zu formulieren, wenn man die "Prinzipien des Europaischen Vertragsrechts" oder die Vorschlage des "Draft Common Frame of Reference" berucksichtigt? Dabei werden die Losungen der nationalen Rechtsordnungen ausfuhrlich - wenn auch stets nur als nationale Variationen eines europaischen Themas - behandelt. Das Buch kann deshalb bei der rechtsvergleichenden Ausbildung der jungen europaischen Juristen eine Rolle spielen, ferner auch dort, wo e s um die Vorbereitung europaischen Gesetzesrechts oder um die Reform der nationalen Vertragsrechte geht. Das Buch ist in einer ersten unvollstandigen Auflage schon 1996 erschienen. Die Neuauflage bringt den Text auf den neuen Stand und erganzt ihn um die damals noch fehlenden Abschnitte.

The French Law of Marriage, Marriage Contracts, and Divorce, and the Conflict of Laws Arising Therefrom (Classic Reprint)

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Author: Edmond Kelly

Publisher: Forgotten Books

ISBN: 9780483708570

Category: Law

Page: 334

View: 9952

Excerpt from The French Law of Marriage, Marriage Contracts, and Divorce, and the Conflict of Laws Arising Therefrom IN no respect does the spirit Of French law differ more radically from that Of our own than in relation to marriage. SO great indeed is the divergence that a Widespread knowledge Of it is desirable in View Of the frequency Of intermarriage between citizens Of the two countries, and the irremediable evils which a very excusable ignorance on the subject is likely to occasion. The intention of this Work is to explain so much of the French Law Of Marriage and the property relations resulting therefrom as is necessary in order to bring into relief the points upon Which that law differs from our own; and although this aim cannot be attained Without a more or less systematic exposition Of the French law, an exhaustive treatment Of the subject in all its details Will not be attempted. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Treatise on the Contract of Sale

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Author: Robert Joseph Pothier

Publisher: The Lawbook Exchange, Ltd.

ISBN: 188636382X

Category: Law

Page: 406

View: 936

Pothier, R.J. Treatise on the Contract of Sale. Translated from the French by L.S. Cushing. Boston: Charles C. Little and James Brown, 1839. xvi, 406 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-10260. ISBN 1-886363-82-X. Cloth. $70. * By the well-known French jurist Pothier [1699-1772], who followed his A Treatise of Obligations with a series of treatises on branches of the law based on Roman and French law. This particular treatise, on the importance of sale as a contract, is a reprint of the first American edition which was translated by Luther Stearns Cushing [1803-1856], who lectured on Roman law at Harvard.

Force Majeure and Frustration of Contract

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Author: Ewan McKendrick

Publisher: CRC Press

ISBN: 1317908805

Category: Law

Page: 404

View: 4022

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.

The German Law of Contract

A Comparative Treatise

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Author: Basil S Markesinis,Hannes Unberath,Angus Johnston

Publisher: Bloomsbury Publishing

ISBN: 1847312012

Category: Law

Page: 1040

View: 8995

Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.

User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology

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Author: Clarisse Girot

Publisher: Kluwer Law International B.V.

ISBN: 904111548X

Category: Law

Page: 465

View: 4761

This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

Principles of French Law

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Author: John Bell,Sophie Boyron,Simon Whittaker

Publisher: Oxford University Press

ISBN: 0199541388

Category: Law

Page: 543

View: 3992

Principles of French Law provides a comprehensive introduction to French law aimed at both students and scholars embarking on a study of French law. Drawing on court decisions and the writing of jurists, it seeks to introduce the reader to the way in which French lawyers approach issues in the major branches of the law - private law, criminal law and public law. It also provides a basic understanding of French courts and legal professions, as well aslegal techniques. This new edition takes account of major changes in a number of areas of law and an opportunity has been taken to rewrite substantial parts of the book to meet the needs of readers and to reflectlegal developments.

French Law

A Comparative Approach

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Author: Eva Steiner

Publisher: Oxford University Press

ISBN: 0198790880

Category: Law

Page: 352

View: 2828

The second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.

The Common European Sales Law in Context

Interactions with English and German Law

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Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: Oxford University Press

ISBN: 0199678901

Category: Law

Page: 789

View: 9376

The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.

Introduction to French Law

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Author: George A. Bermann,Etienne Picard

Publisher: Kluwer Law International B.V.

ISBN: 9041124667

Category: Law

Page: 486

View: 7146

French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

Contract Law

A Comparative Introduction, Second Edition

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Author: Jan M. Smits

Publisher: Edward Elgar Publishing

ISBN: 178536877X

Category: Contracts

Page: 320

View: 7589

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.