Pre Contractual Liability In English And French Law
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Pre Contractual Liability In English And French Law
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Author : Paula Giliker
language : en
Publisher: Springer
Release Date : 2002-08-23
Pre Contractual Liability In English And French Law written by Paula Giliker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-23 with Law categories.
This book examines the nature of pre-contractual liability in English and French law, focusing on the difficult, but practically important, question of liability for services performed in anticipation of a contract.
Precontractual Liability Under The Portuguese German And French Legal Systems
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Author : Elouisa Müller
language : en
Publisher: GRIN Verlag
Release Date : 2020-06-25
Precontractual Liability Under The Portuguese German And French Legal Systems written by Elouisa Müller and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Law categories.
Seminar paper from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 15/20, , language: English, abstract: On a daily basis, contracts are concluded between natural or legal persons. Therefore, many legal subjects have to enter into the precontractual phase of negotiations that eventually lead to a conclusion or a failure of the treaty. As first outlined by Jhering in 18611, the precontractual phase can establish a legal relationship in which precontractual obligations have to be respected. In the following, the precontractual liability under the German, French and Portuguese law will be compared. After an analysis of the historical origin of the precontractual liability in general and the presentation of the historical developments in Germany, France and Portugal, the legal problem, that needs a regulation in the legal orders, will be defined. Furthermore, in the com-parison of the regulatory framework, the similarities and differences of the current legislations in the three states will be examined based on various criteria such as the legal basis, the concrete precontractual duties and the relevance of the good faith. Apart from comparing compensable damages, the legal institutes in those states will be classified. Before summing up the compar-ison of the roots and the legal institute by also including a grid of the main comparative aspects, important cases will be presented to understand the development of the precontractual liability in Germany, France and Portugal.
Precontractual Liability In European Private Law
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Author : John Cartwright
language : en
Publisher: Cambridge University Press
Release Date : 2008
Precontractual Liability In European Private Law written by John Cartwright and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
French Civil Liability In Comparative Perspective
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Author : Jean-Sébastien Borghetti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-26
French Civil Liability In Comparative Perspective written by Jean-Sébastien Borghetti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.
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.
The Interaction Of Contract Law And Tort And Property Law In Europe
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Author : Christian von Bar
language : en
Publisher: sellier. european law publ.
Release Date : 2004
The Interaction Of Contract Law And Tort And Property Law In Europe written by Christian von Bar and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil law categories.
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.
Tort Law In France
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Author : Jonas Knetsch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-20
Tort Law In France written by Jonas Knetsch and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-20 with Law categories.
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.
Cases Materials And Text On Contract Law
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Author : Hugh Beale
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-28
Cases Materials And Text On Contract Law written by Hugh Beale and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-28 with Law categories.
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
The English Law Of Obligations In Comparative Context
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Author : Geoffrey Samuel
language : en
Publisher:
Release Date : 1991
The English Law Of Obligations In Comparative Context written by Geoffrey Samuel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Letters Of Intent And Other Precontractual Documents
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Author : Ralph B. Lake
language : en
Publisher: MICHIE
Release Date : 1989
Letters Of Intent And Other Precontractual Documents written by Ralph B. Lake and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Contracts, Preliminary categories.
French Law Of Contract
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Author : Barry Nicholas
language : en
Publisher: London : Butterworths
Release Date : 1982
French Law Of Contract written by Barry Nicholas and has been published by London : Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.