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Reforming the French Law of Obligations

2009-04-17 Law
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Release : 2009-04-17
Genre : Law
Kind : eBook
Book Rating : 219/5 ( reviews)

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Book Synopsis Reforming the French Law of Obligations by : John Cartwright

Download or read book Reforming the French Law of Obligations written by John Cartwright. This book was released on 2009-04-17. Available in PDF, EPUB and Kindle. Book excerpt: 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 Reform of the French Law of Obligations

2016
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Release : 2016
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Book Synopsis The Reform of the French Law of Obligations by : Jan M. Smits

Download or read book The Reform of the French Law of Obligations written by Jan M. Smits. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: 1 October 2016 was a historic date for French law. For the first time since the introduction of the French Civil Code in 1804, a fundamental reform of the codified law of obligations took place. This contribution discusses both the motives for and the contents of this reform. Particular attention is paid to the abolition of causa, the introduction of a rule on changed circumstances, the broadening of the scope of unfair contracts terms and the restraining of the action for specific performance. It is concluded that the reform does not achieve the aims that the French government has with it.

The Code Napoléon Rewritten

2017-10-05 Law
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Release : 2017-10-05
Genre : Law
Kind : eBook
Book Rating : 618/5 ( reviews)

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Book Synopsis The Code Napoléon Rewritten by : John Cartwright

Download or read book The Code Napoléon Rewritten written by John Cartwright. This book was released on 2017-10-05. Available in PDF, EPUB and Kindle. Book excerpt: 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 French Contract Law Reform

2016 Contracts
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Release : 2016
Genre : Contracts
Kind : eBook
Book Rating : 192/5 ( reviews)

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Book Synopsis The French Contract Law Reform by : Sophie Stijns

Download or read book The French Contract Law Reform written by Sophie Stijns. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

Principles of French Law

2008-03-27 Law
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Release : 2008-03-27
Genre : Law
Kind : eBook
Book Rating : 899/5 ( reviews)

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Book Synopsis Principles of French Law by : John Bell

Download or read book Principles of French Law written by John Bell. This book was released on 2008-03-27. Available in PDF, EPUB and Kindle. Book excerpt: Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

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