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The Code Napoleon Rewritten - French Contract Law after the 2016 Reforms (Hardcover): John Cartwright, Simon Whittaker The Code Napoleon Rewritten - French Contract Law after the 2016 Reforms (Hardcover)
John Cartwright, Simon Whittaker
R4,612 Discovery Miles 46 120 Ships in 12 - 19 working days

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.

Reforming the French Law of Obligations - Comparative Reflections on the Avant-projet de reforme du droit des obligations et de... 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)
John Cartwright, Stefan Vogenauer, Simon Whittaker
R6,888 Discovery Miles 68 880 Ships in 12 - 19 working days

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.

Principles of French Law (Hardcover, 2nd Revised edition): John Bell, Sophie Boyron, Simon Whittaker Principles of French Law (Hardcover, 2nd Revised edition)
John Bell, Sophie Boyron, Simon Whittaker
R4,217 Discovery Miles 42 170 Ships in 12 - 19 working days

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.

Liability for Products - English Law, French Law, and European Harmonization (Hardcover): Simon Whittaker Liability for Products - English Law, French Law, and European Harmonization (Hardcover)
Simon Whittaker
R5,583 Discovery Miles 55 830 Ships in 12 - 19 working days

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.

The Development of Product Liability (Paperback): Simon Whittaker The Development of Product Liability (Paperback)
Simon Whittaker
R1,319 Discovery Miles 13 190 Ships in 12 - 19 working days

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.

Good Faith in European Contract Law (Paperback): Reinhard Zimmermann, Simon Whittaker Good Faith in European Contract Law (Paperback)
Reinhard Zimmermann, Simon Whittaker
R1,544 Discovery Miles 15 440 Ships in 12 - 19 working days

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 (Paperback, 2nd Revised edition): John Bell, Sophie Boyron, Simon Whittaker Principles of French Law (Paperback, 2nd Revised edition)
John Bell, Sophie Boyron, Simon Whittaker
R2,852 Discovery Miles 28 520 Ships in 12 - 19 working days

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.

Good Faith in European Contract Law (Hardcover): Reinhard Zimmermann, Simon Whittaker Good Faith in European Contract Law (Hardcover)
Reinhard Zimmermann, Simon Whittaker
R5,235 Discovery Miles 52 350 Ships in 12 - 19 working days

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.

French Civil Liability in Comparative Perspective (Paperback): Jean Sebastien Borghetti, Simon Whittaker French Civil Liability in Comparative Perspective (Paperback)
Jean Sebastien Borghetti, Simon Whittaker
R2,230 Discovery Miles 22 300 Ships in 12 - 19 working days

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.

French Civil Liability in Comparative Perspective (Hardcover): Jean Sebastien Borghetti, Simon Whittaker French Civil Liability in Comparative Perspective (Hardcover)
Jean Sebastien Borghetti, Simon Whittaker
R5,461 Discovery Miles 54 610 Ships in 10 - 15 working days

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.

I Once Had a Date Named Lust - Breaking Free from Sex & Love Addiction (Paperback): Simon Whittaker I Once Had a Date Named Lust - Breaking Free from Sex & Love Addiction (Paperback)
Simon Whittaker
R272 R255 Discovery Miles 2 550 Save R17 (6%) Ships in 10 - 15 working days

Are you, or someone you know, on the verge of losing their spouse, family, job, or reputation because their sex life is out of control? Do you feel imprisoned by the guilt, shame, and lies you have to keep telling because of your lust, sexual thoughts, or behavior? If so this book is for you This dynamic, life-changing book provides a road map for people seeking to escape one of the fastest growing addictions of the 21st century - sex addiction. Sex addiction is often manifested through pornography, fornication, adultery, virtual sex/affairs, "hooking up" for sex, prostitution, escort services, or "friends with benefits."The principles shared in this book have helped numerous people from all walks of life: men, women, politicians, athletes, doctors, attorneys, pastors, teachers, professors, entertainers, husbands, and wives. Within the pages of this book, you will find hope, support, and specific tools to redirect your journey toward sexual integrity, restored relationships, and freedom. You can recover, and recovery is a great place to be

The Code Napoleon Rewritten - French Contract Law after the 2016 Reforms (Paperback): John Cartwright, Simon Whittaker The Code Napoleon Rewritten - French Contract Law after the 2016 Reforms (Paperback)
John Cartwright, Simon Whittaker
R2,683 Discovery Miles 26 830 Ships in 10 - 15 working days

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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