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The French law of torts or of extra-contractual liability is widely
seen as exceptional. For long it was based on a mere five articles
of the Civil Code of 1804, but on this foundation the courts and
legal scholars have constructed liabilities for fault and strict
liability of an extraordinary breadth and significance. While the
rest of the general law of obligations (including contract) in the
Civil Code was reformed in 2016 by executive ordonnance, this area
was left aside, being the subject in 2017 of a proposal by the
French Government for the legislative reform of the law of civil
liability, a new legislative category to include both contractual
and extra-contractual liability. This work considers important
aspects of this developing area of French law in a series of essays
by French lawyers and comparative lawyers working in French law and
other civil law systems. In doing so, it provides insight into the
doctrinal thinking and judgments of French lawyers as well as the
possible directions in which this area of the law may be developed
in the future.
The French law of torts or of extra-contractual liability is widely
seen as exceptional. For long it was based on a mere five articles
of the Civil Code of 1804, but on this foundation the courts and
legal scholars have constructed liabilities for fault and strict
liability of an extraordinary breadth and significance. While the
rest of the general law of obligations (including contract) in the
Civil Code was reformed in 2016 by executive ordonnance, this area
was left aside, being the subject in 2017 of a proposal by the
French Government for the legislative reform of the law of civil
liability, a new legislative category to include both contractual
and extra-contractual liability. This work considers important
aspects of this developing area of French law in a series of essays
by French lawyers and comparative lawyers working in French law and
other civil law systems. In doing so, it provides insight into the
doctrinal thinking and judgments of French lawyers as well as the
possible directions in which this area of the law may be developed
in the future.
The provisions of the French Civil Code governing the law of
obligations have remained largely unchanged since 1804 and have
served as the model for civil codes across the world. In 2016, the
French Government effected major reforms of the provisions on the
law of contract, the general regime of obligations and proof of
obligations. This work explores in detail the most interesting new
provisions on French contract law in a series of essays by French
lawyers and comparative lawyers working on French law and other
civil law systems. It will make these fundamental reforms
accessible to an English-speaking audience.
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The provisions of the French Civil Code governing the law of
obligations have remained largely unchanged since 1804 and have
served as the model for civil codes across the world. In 2016, the
French Government effected major reforms of the provisions on the
law of contract, the general regime of obligations and proof of
obligations. This work explores in detail the most interesting new
provisions on French contract law in a series of essays by French
lawyers and comparative lawyers working on French law and other
civil law systems. It will make these fundamental reforms
accessible to an English-speaking audience.
Mass production and changes in distribution chains have severely
restricted the power of the seller and the buyer to use their own
skill and judgement. As a result, 'product liability' has developed
into a distinct area of legal regulation. Traditional legal
techniques, such as the warranty against latent defects in contract
and fault in tort, proved inadequate safeguards. This examination
of western-European legal systems combines legal history and
comparative law to demonstrate how tort law has adapted to meet
these new conditions.
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.
For some Western European legal systems the principle of good faith
has proved central to the development of their law of contracts,
while in others it has been marginalized or even rejected. This
book starts by surveying the use or neglect of good faith in these
legal systems and explaining its historical origins. The central
part of the book takes thirty situations which would, in some legal
systems, attract the application of good faith, analyses them
according to fifteen national legal systems and assesses the
practical significance of both the principle of good faith and its
relationship to other contractual and non-contractual doctrines and
forms of regulation in each situation. The book concludes by
explaining how European lawyers, whether from a civil or common law
background, may need to come to terms with the principle of good
faith. This was the first completed project of The Common Core of
European Private Law launched at the University of Trento.
Principles of French Law offers a comprehensive introduction to
French law and the French legal system in terms which a common
lawyer can understand. The authors give an explanation of the
institutions, rules and techniques that characterize the major
branches of French law. The chapters provide the reader with a
clear sense of the questions that French lawyers see as important
and how they would answer them. In the ten years since the
publication of the first edition, French law has changed in
significant ways. European Union law and the European Convention on
Human Rights have had a significant impact, especially on
procedural law and family law. There has been a new Commercial
Code, major legislation on divorce, succession and criminal law, as
well as significant developments in the Constitution. In addition,
there have been considerable developments in the case-law and a
much discussed proposal for reform of major areas of the law of
obligations. The chapters present not only the rules of law, but,
where appropriate, the principles and values underlying the system.
Considerable use is made of juristic literature and of examples
from French case law. The book is designed for students studying
French law at both undergraduate and postgraduate level, and as
preliminary reading for students about to study in France. It will
also serve as an initial point of reference for scholars embarking
on a study of French law.
Principles of French Law offers a comprehensive introduction to
French law and the French legal system in terms which a common
lawyer can understand. The authors give an explanation of the
institutions, rules and techniques that characterize the major
branches of French law. The chapters provide the reader with a
clear sense of the questions that French lawyers see as important
and how they would answer them.
In the ten years since the publication of the first edition,
French law has changed in significant ways. European Union law and
the European Convention on Human Rights have had a significant
impact especially on procedural law and family law. There has been
a new Commercial Code, major legislation on divorce, succession and
criminal law, as well as significant developments in the
Constitution. In addition, there have been very considerable
developments in the case-law and a much discussed proposal for
reform of major areas of the law of obligations.
The chapters present not only the rules of law, but, where
appropriate, the principles and values underlying the system.
Considerable use is made of juristic literature and of examples
from French case law.
The book is designed for students studying French law at both
undergraduate and postgraduate level, and as preliminary reading
for students about to study in France. It will also serve as an
initial point of reference for scholars embarking on a study of
French law.
The EU has been active in attempting to harmonize the laws of
product liability and sale of goods to consumers, with the aim of
promoting fair competition, developing the internal market, and
protecting consumers. But how do the resulting laws relate to
existing national laws of liability and compensation? Is the
resulting harmonization genuine or merely formal? Has
implementation of the EC directives changed the law, but left
claimants and defendants as differently treated as ever in
different Member States? This comparative study considers the
French and English laws governing all those who may be liable for
products: their producers, their suppliers, their users and their
regulators. To do so, it examines in each system the private law of
tort and contract and aspects of the civil process which are
important in determining liability; the administrative law
concerning failures to regulate or control product safety; and the
liability for products of suppliers of public services, such as
water or healthcare. It considers how the substantive criminal
offences affecting product safety, whether particular to products
or under more general law, relate to civil liability or to
compensation. The emerging picture reveals two complex and
significantly different patterns of liability for products in the
English and French systems, cutting across the traditional
boundaries of private law, public law and criminal law.
Implementation of the Product Liability Directive and Consumer
Guarantees Directive required the insertion into these patterns of
new elements, disharmonious with existing wider legal strategies
and techniques. This study considers various problems of these
directives' implementation in the French and English systems, the
main issues of their proper interpretation, and the relationship of
the new laws which they create with existing bases of liability. It
explains the different significances given to 'fault,' 'negligence'
and 'defect' (whether of safety or of contractual conformity); the
relationship between judicial institutions and legal procedures in
the determination of substantive legal issues; and the different
relationships in the two laws studied between public and private,
civil and criminal law. It concludes by offering wider comments on
legal harmonisation based on the French and English experience in
relation to these two directives.
This book starts by surveying the use or neglect of good faith in European contract law and traces its historical origins. Its central part takes thirty hypothetical situations that have attracted the application of good faith and analyzes them according to fifteen national legal systems. It concludes by explaining how European lawyers, whether from a civil or common law background, need to come to terms with the principle of good faith.
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