Reforming the French Law of Obligations

Reforming the French Law of Obligations PDF 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.

Reforming the French Law of Obligations

Reforming the French Law of Obligations PDF 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.

Reforming the Bismarckian Welfare Systems

Reforming the Bismarckian Welfare Systems PDF Author: Bruno Palier
Publisher: John Wiley & Sons
ISBN: 1444306804
Category : Political Science
Languages : en
Pages : 176

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Book Description
Gathering among the best European specialists of welfare statecomparisons, this book organises comprehensive and up to dateinformation on European welfare state reforms in an analyticalframework which allows a new approach to social policy changes. Demonstrates that, contrary to the common view, 'Bismarckian'welfare states have changed significantly Contains long term but also very accurate data and perspectivebeginning from the 1980s and up to the most recent reforms Speaks to two literatures: the one on welfare state, socialpolicies and welfare state reforms; the other to the politicalscience literature on changes, path dependency and incrementalchanges Organises comprehensive and up to date information on Europeanwelfare state reforms in an analytical framework Includes contributions from the best specialists of the field,including members of the European academic community of socialpolicy comparativists

The Institutions of Programmatic Action

The Institutions of Programmatic Action PDF Author: Johanna Hornung
Publisher: Springer Nature
ISBN: 3031057740
Category : Political Science
Languages : en
Pages : 252

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Book Description
This open access book is the first monograph to systematically apply the Programmatic Action Framework (PAF) in a comparative analysis of public policy in two institutionally different countries. The PAF seeks to explain long-term policy change by examining the shared biographies of policy actors who, to foster their careers, coalesce around policy programs which they promote throughout the policy process. Comparing health policy-making in France and Germany between 1990 and 2020, the book sheds light on the institutional settings that are necessary for programmatic action to occur. It will appeal to scholars and students of public policy, public administration, and health policy.

Reforming Pensions in Developing and Transition Countries

Reforming Pensions in Developing and Transition Countries PDF Author: K. Hujo
Publisher: Springer
ISBN: 1137396113
Category : Business & Economics
Languages : en
Pages : 211

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Book Description
This book moves beyond technical studies of pension systems by addressing the political economy of pension reform in different contexts. It provides insights into key issues related to pension policy and its developmental implications, drawing on selected country studies in Africa, Asia, Eastern Europe, the Middle East, and Latin America.

Réformer la Sécurité sociale

Réformer la Sécurité sociale PDF Author:
Publisher:
ISBN:
Category :
Languages : fr
Pages : 96

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Book Description


The New Social Question

The New Social Question PDF Author: Pierre Rosanvallon
Publisher: Princeton University Press
ISBN: 0691265771
Category : Philosophy
Languages : en
Pages : 152

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Book Description
How social and intellectual changes undermine our justifications for the welfare state The welfare state has come under severe pressure internationally, partly for the well-known reasons of slowing economic growth and declining confidence in the public sector. According to the influential social theorist Pierre Rosanvallon, however, there is also a deeper and less familiar reason for the crisis of the welfare state. He shows here that a fundamental practical and philosophical justification for traditional welfare policies—that all citizens share equal risks—has been undermined by social and intellectual change. If we wish to achieve the goals of social solidarity and civic equality for which the welfare state was founded, Rosanvallon argues, we must radically rethink social programs. Rosanvallon begins by tracing the history of the welfare state and its founding premise that risks, especially the risks of illness and unemployment, are equally distributed and unpredictable. He shows that this idea has become untenable because of economic diversification and advances in statistical and risk analysis. It is truer than ever before—and far more susceptible to analysis—that some individuals will face much greater risks than others because of their jobs and lifestyle choices. Rosanvallon argues that social policies must be more narrowly targeted. And he draws on evidence from around the world, in particular France and the United States, to show that such programs as unemployment insurance and workfare could better reflect individual needs by, for example, making more explicit use of contracts between the providers and receivers of benefits. His arguments have broad implications for welfare programs everywhere and for our understanding of citizenship in modern democracies and economies.

International Social Security Law

International Social Security Law PDF Author: Jean-Michel Servais
Publisher: Kluwer Law International B.V.
ISBN: 9403513764
Category : Law
Languages : en
Pages : 274

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Book Description
Although a sophisticated body of international social security law is active and growing, a number of States still appear unable to honour it. This thorough, well-researched survey and analysis of existing international social security law – its sources, its content, its historical development – is thus especially valuable for its informed consideration of the barriers to the law’s full effectiveness. Part of the renowned multi-volume Encyclopaedia of Laws, the book focuses on the analysis of the International Labour Organization (ILO) Conventions and Recommendations on Social Security. It examines the most recent public debates on social protection (dealing with health insurance, unemployment benefits, pension age, minimum income, social security benefits in case of expatriation, parental leave, and much more), includes an updated bibliography, and opens some perspectives for the future work of the global institutions. It integrates the latest instruments, in particular ILO Recommendation No. 202 concerning national floors of social protection. Even in the absence of ratification and therefore of legal force, international social security standards are invaluable benchmarks in comparative law. Indeed, ILO standards are both useful instruments of analysis and excellent yardsticks for identifying common denominators among national systems. For these reasons this book will be welcomed by legislators, government officials, employers’ organizations, trade unions, and the judiciary, as well as by human resources managers and academics.

Reshaping Economic and Monetary Union

Reshaping Economic and Monetary Union PDF Author: Shawn Donnelly
Publisher: Manchester University Press
ISBN: 9780719068508
Category : European Union countries
Languages : en
Pages : 264

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Book Description
Following Maastricht, national governments found themselves pushed into distinctive roles, as promoters, gatekeepers, reformers and defectors, as voter preferences and central bank powers combined in different ways to create clear incentives for politicians. These roles explain the push from certain countries for specific changes to EMU rules, why some countries needed EMU more than others and under what conditions pressure to create an economic government for Europe could succeed or fail.

Recasting Welfare Capitalism

Recasting Welfare Capitalism PDF Author: Mark Vail
Publisher: Temple University Press
ISBN: 159213968X
Category : Business & Economics
Languages : en
Pages : 249

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Book Description
In Recasting Welfare Capitalism, Mark Vail employs a sophisticated and original theoretical approach to compare welfare states and political-economic adjustment in Germany and France. He examines how and why institutional change takes place and what factors characterize economic evolution when moving from times of prosperity to more austere periods and back again. Covering the 1970s to the present, Vail analyzes social and economic reforms, including labor policy, social-insurance, and anti-poverty programs. He focuses on the tactics and actions of key political players, and demolishes the stagnation argument that suggests that France and Germany have largely frozen political economies, incapable of reform. Vail finds that these respective evolutions involve interrelated changes in social and economic policies and are characterized by political relationships that are continuously renegotiated—often in unpredictable ways. In the process, he presents a compelling reconceptualization of change in both the welfare state and the broader political economy during an age of globalization.

Reforming Public Pensions

Reforming Public Pensions PDF Author: Robert Holzmann
Publisher: Organisation for Economic Co-operation and Development ; Washington, D.C. : OECD Publications and Information Centre
ISBN:
Category : Business & Economics
Languages : en
Pages : 164

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Book Description