R Former Le Droit Des Contrats
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The New French Law Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press
Release Date : 2022-08-01
The New French Law Of Contract written by Solène Rowan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-01 with Law categories.
After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
The Construction Sources And Implications Of Consensualism In Contract
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Author : Kane Abry
language : en
Publisher: Springer Nature
Release Date : 2023-09-28
The Construction Sources And Implications Of Consensualism In Contract written by Kane Abry and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
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
The Making Of The Civil Codes
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Author : Michele Graziadei
language : en
Publisher: Springer Nature
Release Date : 2022-11-21
The Making Of The Civil Codes written by Michele Graziadei and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-21 with Law categories.
The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
France Belgium Bulgaria Poland Portugal
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Author : Wolfgang Faber
language : en
Publisher: Walter de Gruyter
Release Date : 2011-02-28
France Belgium Bulgaria Poland Portugal written by Wolfgang Faber and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-28 with Law categories.
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal
2022
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Author : Ernst Karner
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-12-18
2022 written by Ernst Karner and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-18 with Law categories.
The Unidroit Principles In Practice
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Author : Michael Joachim Bonell
language : en
Publisher: BRILL
Release Date : 2006-09-01
The Unidroit Principles In Practice written by Michael Joachim Bonell and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-01 with Law categories.
Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. The UNIDRIOT Principles in Practice provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles. Published under the Transnational Publishers imprint.
A Common Law For Europe
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Author : Gian Antonio Benacchio
language : en
Publisher: Central European University Press
Release Date : 2005-09-15
A Common Law For Europe written by Gian Antonio Benacchio and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-15 with Law categories.
An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.
Justiciability Of Human Rights Law In Domestic Jurisdictions
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Author : Alice Diver
language : en
Publisher: Springer
Release Date : 2015-12-15
Justiciability Of Human Rights Law In Domestic Jurisdictions written by Alice Diver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-15 with Law categories.
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
Contract Law
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Author : Azzouz Saliha
language : en
Publisher: Editions OPHRYS
Release Date : 2015-07-08
Contract Law written by Azzouz Saliha and has been published by Editions OPHRYS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-08 with Law categories.
Entièrement rédigé en anglais, cet ouvrage s’adresse en priorité aux étudiants de Master en droit qui suivent un cursus consacré au droit des contrats. Il est également destiné aux enseignants, juristes, traducteurs, et à tous ceux qui sont amenés à signer des contrats ou désireux d’approfondir leurs connaissances. Cet ouvrage aborde les points essentiels du droit des contrats internationaux (Royaume- Uni, États-Unis, Union européenne, etc.) : terminologie, rappels historiques, common law, définitions, types de contrats, capacité des personnes à contracter, rédaction d’un contrat (jargon, conseils et mises en garde), protection des consommateurs en Grande- Bretagne et au sein de l’Union européenne, ruptures de contrats et recours, cas pratiques commentés, schémas. Le vocabulaire difficile est donné en bas de pages. En fin d’ouvrage, l’auteur propose : • les corrigés des exercices ; • les règles de grammaire essentielles avec des exemples liés à la thématique ; • une liste de verbes irréguliers ; • un tableau synthétique des systèmes juridiques dans le monde, le contrat dit « zéro heure » au Royaume-Uni ; • une bibliographie non exhaustive ; • une sélection de sites Internet pour aller plus loin ; • un glossaire bilingue (anglais-français/ français-anglais), • un index. While it is not intended as a comprehensive book on the topic, this book is meant to provide an approachable, practical and concise work for law students. Legal practitioners, professionals and anyone who need to acquire knowledge on the subject, however, will also find this book useful. The book introduces the major themes and explains the different sources of contract law, the formation of a valid contract, its contents, “vitiating” factors, the termination of contracts and remedies for breach of contract. Attention is also given to what makes French and European law different from other common law jurisdictions. Key cases accompanied by commentary are designed to highlight the main elements of each case. About 580 footnotes give French translations and explanations of confusing terminology. Contract Law also features : • valuable drafting tips • diagrams, figures and tables • activities and key answers • grammar in context • irregular verbs • annexes : the legal system of the world, UK Zero Hour Contract, bibliography, links • an extensive bilingual glossary • a practical topic index Table des matières : 1. English and American law. 2. Contract law : Anglo-saxon and French law. 3. Formation of a contract. 4. Vitiating factors. 5. Rescission of a contract and judicial remedies. 6. European union and international contract law. Grammar Reminder. Annexes. Bilingual Glossary. Index.
Comparative Perspectives On The Enforcement And Effectiveness Of Antidiscrimination Law
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Author : Marie Mercat-Bruns
language : en
Publisher: Springer
Release Date : 2018-06-30
Comparative Perspectives On The Enforcement And Effectiveness Of Antidiscrimination Law written by Marie Mercat-Bruns and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-30 with Law categories.
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.