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Book Description
LES JURISTES UNIVERSITAIRES FRANCAIS UTILISENT LA FORMULE "THEORIE GENERALE DU CONTRAT" POUR DECRIRE LES REGLES DE DROIT POSITIF APPLICABLES A L'ENSEMBLE DES CONVENTIONS. CE FAISANT, ILS CONFONDENT LA THEORIE GENERALE ET LE DROIT COMMUN DES CONTRATS ET DOTENT LA PREMIERE D'UNE POSITIVITE QUI N'EST QU'UNE ILLUSION. L'ANALYSE DE LA PRATIQUE DES MEMES JURISTES DEMONTRE EN EFFET QUE LA THEORIE GENERALE DESIGNE EN FAIT UNE ACTIVITE DE LA DOCTRINE A LA RECHERCHE PERMANENTE DE L'ESSENCE DE L'ACTE, ET LE PRODUIT DE CETTE ACTIVITE, C'EST-A-DIRE UN DROIT COMMUN SAVANT, ENSEMBLE COHERENT DE REGLES INSPIREES D'UN PRINCIPE LIE A L'ESSENCE DE L'ACTE. LA POSITIVITE ORDINAIREMENT RECONNUE A LA THEORIE GENERALE DU CONTRAT EST DONC UN MYTHE. SON EXISTENCE PARAIT LIEE AU DESIR DE CONSTITUER UNE SCIENCE DU DROIT OBJECTIVE ET AUX BESOINS DE L'ENSEIGNEMENT. ELLE PERMET AUSSI A LA DOCTRINE D'OEUVRER PLUS EFFICACEMENT A LA TRANSFORMATION DU DROIT A L'ABRI D'UN APPARENT RESPECT DES DECISIONS DES AUTORITES INSTITUTIONNELLEMENT HABILITEES A DIRE LE DROIT.
Book Description
LES JURISTES UNIVERSITAIRES FRANCAIS UTILISENT LA FORMULE "THEORIE GENERALE DU CONTRAT" POUR DECRIRE LES REGLES DE DROIT POSITIF APPLICABLES A L'ENSEMBLE DES CONVENTIONS. CE FAISANT, ILS CONFONDENT LA THEORIE GENERALE ET LE DROIT COMMUN DES CONTRATS ET DOTENT LA PREMIERE D'UNE POSITIVITE QUI N'EST QU'UNE ILLUSION. L'ANALYSE DE LA PRATIQUE DES MEMES JURISTES DEMONTRE EN EFFET QUE LA THEORIE GENERALE DESIGNE EN FAIT UNE ACTIVITE DE LA DOCTRINE A LA RECHERCHE PERMANENTE DE L'ESSENCE DE L'ACTE, ET LE PRODUIT DE CETTE ACTIVITE, C'EST-A-DIRE UN DROIT COMMUN SAVANT, ENSEMBLE COHERENT DE REGLES INSPIREES D'UN PRINCIPE LIE A L'ESSENCE DE L'ACTE. LA POSITIVITE ORDINAIREMENT RECONNUE A LA THEORIE GENERALE DU CONTRAT EST DONC UN MYTHE. SON EXISTENCE PARAIT LIEE AU DESIR DE CONSTITUER UNE SCIENCE DU DROIT OBJECTIVE ET AUX BESOINS DE L'ENSEIGNEMENT. ELLE PERMET AUSSI A LA DOCTRINE D'OEUVRER PLUS EFFICACEMENT A LA TRANSFORMATION DU DROIT A L'ABRI D'UN APPARENT RESPECT DES DECISIONS DES AUTORITES INSTITUTIONNELLEMENT HABILITEES A DIRE LE DROIT.
Author: Kane Abry Publisher: Springer Nature ISBN: 3031376412 Category : Law Languages : en Pages : 263
Book Description
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
Author: Ruth Sefton-Green Publisher: Cambridge University Press ISBN: 1139442961 Category : Law Languages : en Pages : 462
Book Description
This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.
Author: Stefan Vogenauer Publisher: Bloomsbury Publishing ISBN: 184731127X Category : Law Languages : en Pages : 286
Book Description
After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
Author: Publisher: ISBN: 9789004161016 Category : Civil procedure (International law) Languages : fr Pages : 440
Book Description
"Yoram Dinstein, Professor emeritus of the University of Tel Aviv, reminds us that Article 38 of the Statute of the International Court of Justice prescribes three strata--often referred to as "sources"--Of international law. This study is confined to the interaction between two of those strata, namely treaties and customs, and does not deal with the general principles of law recognized by civilized nations. After the introductory chapter, the author first examines the creation of customary international law, and then the confirmation of custom and the extinction of custom (desuetude). The fifth chapter deals with treaties and its relation with contracting and non-contracting parties. Subsequently Professor Dinstein examines the application of treaties and custom to individuals and groups, and in the chapters that follow he studies the basic relationship between treaty and custom, the modes of coexistence of treaty and custom, jus cogens and jus dipositivum, and the impact of subsequent practice on treaties. The twelfth chapter deals with the interaction between binding decisions of the Security Council, custom and treaty"--Publisher's description.
Author: Peter Benson Publisher: Harvard University Press ISBN: 0674237595 Category : Law Languages : en Pages : 625
Book Description
Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Author: Terence C. Halliday Publisher: Bloomsbury Publishing ISBN: 1847314023 Category : Law Languages : en Pages : 520
Book Description
Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.
Author: Stuart A. Scheingold Publisher: University of Michigan Press ISBN: 0472025538 Category : Political Science Languages : en Pages : 277
Book Description
Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.
Author: Éric Savaux
Author: Éric Savaux
Author: Kane Abry
Author: Ruth Sefton-Green
Author: Stefan Vogenauer
Author: 
Author: Atelier national de reproduction des thèses de Lille
Author: Chanthalangsy, Phinith
Author: Peter Benson
Author: Terence C. Halliday
Author: Stuart A. Scheingold