The French Contract Law Reform PDF Download
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Author: Sophie Stijns
Publisher:
ISBN: 9781780684192
Category : Contracts
Languages : en
Pages : 0
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Book Description
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.
Author: Sophie Stijns
Publisher:
ISBN: 9781780684192
Category : Contracts
Languages : en
Pages : 0
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Book Description
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.
Author: 卡德瑞
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: John Cartwright
Publisher: Bloomsbury Publishing
ISBN: 1509911618
Category : Law
Languages : en
Pages : 563
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Book Description
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.
Author: John Cartwright
Publisher: Bloomsbury Publishing
ISBN: 1847317219
Category : Law
Languages : en
Pages : 950
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Book Description
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.
Author: Solène Rowan
Publisher: Oxford University Press
ISBN: 0198810873
Category : Contracts
Languages : en
Pages : 337
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Book Description
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.
Author: Maren Heidemann
Publisher: Springer
ISBN: 3319959697
Category : Law
Languages : en
Pages : 471
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Book Description
This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Author: John Bell
Publisher: OUP Oxford
ISBN: 0191018899
Category : Law
Languages : en
Pages : 616
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Book Description
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.
Author: Francisco de Elizalde
Publisher:
ISBN: 9781509916313
Category : LAW
Languages : en
Pages :
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Book Description
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.--
Author: Bénédicte Fauvarque-Cosson
Publisher:
ISBN: 9782275064925
Category :
Languages : en
Pages : 553
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Book Description
Ce guide a été rédigé par des auteurs qui ont participé à l'élaboration de la réforme du droit des contrats. Son objectif est d'expliquer les principales modifications apportées par cette réforme, à la lumière des enjeux internes, européens et internationaux de l'époque. Il est aussi de donner à tous, notamment aux praticiens, les outils nécessaires pour répondre à des questions pratiques essentielles : date de l'entrée en vigueur des textes, caractère supplétif ou impératif de telle ou telle disposition, office du juge, champ d'application international des nouveaux textes, etc. De plus en plus de contrats, quoique soumis au droit français, sont négociés et rédigés en anglais. Répondant à une demande forte des praticiens, les auteurs ont écrit ce guide en français et en anglais. La terminologie qu'ils ont utilisée est celle qui a été adoptée par la traduction anglaise des textes, elle-même reproduite dans l'ouvrage et sur le site du ministère de la Justice. Une introduction, rédigée par les auteurs britanniques de la traduction, apporte un éclairage inédit et utile sur les termes anglais retenus.
Author: Jan M. Smits
Publisher: Edward Elgar Publishing
ISBN: 178536877X
Category : Law
Languages : en
Pages : 294
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Book Description
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.
