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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') (Hardcover, New)
Loot Price: R7,877
Discovery Miles 78 770
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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') (Hardcover, New)
Series: Studies of the Oxford Institute of European and Comparative Law
Expected to ship within 10 - 15 working days
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The 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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