Les obligations en droit français et en droit belge, convergences et divergences PDF Download

Author: Université libre de Bruxelles. Faculté de droit
Publisher:
ISBN:
Category : Obligations (Law)
Languages : fr
Pages : 364

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Author:
Publisher: Primento
ISBN: 2802742965
Category : Law
Languages : fr
Pages : 218

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En 1933, le Professeur Paul J. Durand s’était livré à l’exercice d’« analyser les jurisprudences qui, en France et en Belgique, se sont développées sur des textes fondamentaux de notre Code civil, suivre dans chaque pays la fortune d’un texte, confronter des interprétations divergentes, observer parfois des rapprochements inattendus et, dans tous les cas, rechercher la raison de ces identités et de ces dissemblances ». Près de 80 ans plus tard, des spécialistes belges et français du droit des obligations reprennent le flambeau et comparent ce qui anime le droit des obligations aujourd’hui dans ces deux pays, au départ de thèmes choisis. Ceux-ci abordent les questions fondamentales auxquelles les praticiens se trouvent fréquemment confrontés, allant de la formation du contrat jusqu’à l’enrichissement sans cause, en passant par l’abus de droit et le droit de la responsabilité.

Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1139428632
Category : Law
Languages : en
Pages : 514

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Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 900419469X
Category : Law
Languages : en
Pages : 706

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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Author: Bénédicte Fauvarque-Cosson
Publisher: Walter de Gruyter
ISBN: 3866537255
Category : Law
Languages : en
Pages : 649

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Book Description
The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Author: Jean Rogge
Publisher: Anthemis
ISBN: 2874551252
Category : Business enterprises
Languages : fr
Pages : 1015

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Author: Clarisse Girot
Publisher: Kluwer Law International B.V.
ISBN: 904111548X
Category : Law
Languages : en
Pages : 488

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This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

Author: Maurits Barendrecht
Publisher: Walter de Gruyter
ISBN: 3866537115
Category : Law
Languages : en
Pages : 1095

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The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union – though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated.

Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1128

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Author: Dennis Campbell
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 488

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Although the Year 2000 computer problem has to a large extent been solved, some unforeseen malfunctions will undoubtedly continue to occur, due to unforeseen eventualities or improper `fixes'. In the event that damage is caused as a result, who will be responsible for compensating the victims? May the software developers, vendors or licensors be held liable if their products fail to function correctly at some point after the change in the millennium? Do end-users have a duty to ensure that their software is Year 2000 compliant? These questions, among others, will not be answered fully until the courts have had an opportunity to rule upon disputes which will inevitably continue to arise. Other matters to be considered include the type of agreement that has been entered into between the parties, which rules will therefore apply, and what defenses, if any, may be available to the defendant. Insurance is also an important issue, especially as many insurance companies will not cover damage resulting from the millennium bug under existing policies, and defenses such as force majeure and act of God have been raised. This special issue of the Comparative Law Yearbook of International Business discusses the legal implications of the millennium bug in various countries. It describes the way in which agreements relating to software are viewed by different jurisdictions, and the possible attribution of liability for damage caused by the bug.