Reforming the French Law of Obligations
Comparative Reflections on the Avant-projet De Reforme Du Droit Des Obligations Et De La Prescription (the Avant-projet Catala)
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Reforming the French Law of Obligations by John Cartwright
Book DescriptionThe 2005 Avant-projet de reforme 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.
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Book DetailsISBN: 9781841138053
(234mm x 156mm x 49mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 10-Apr-2009
Country of Publication: United Kingdom
Books By Author John Cartwright
Evolution and Human Behaviour, Paperback (September 2016)
This comprehensive book offers a compelling synthesis of key ideas and concepts, and addresses in fundamental evolutionary terms the way humans think, feel and behave. This revised, updated and expanded edition includes new material on epigenetics, life history and error management theories, homosexuality, disease and gene-culture co-evolution.
Anson's Law of Contract, Paperback (May 2016)
An authoritative and detailed account of contract law; this is a widely renowned and well-respected textbook for students of contract law, and a trusted source of reference for practitioners and academics.
Cheshire and Burn's Modern Law of Real Property, Paperback (August 2011)
A clear, readable, scholarly account of land law, set in the context of its historical foundations.
Precontractual Liability in European Private Law, Paperback (February 2011)» View all books by John Cartwright
This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
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Author Biography - John Cartwright
John Cartwright is Professor of the Law of Contract, University of Oxford, Tutor in Law, Christ Church, Oxford, and a Solicitor. Stefan Vogenauer is Professor of Comparative Law at the University of Oxford, a Fellow of Brasenose College and Director of the Oxford Institute of European and Comparative Law. Simon Whittaker is Professor of European Comparative Law and a Fellow of St John's College, Oxford.
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