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The French Contract Law Reform: a Source of Inspiration? (Paperback): Sophie Stijns, Sanne Jansen The French Contract Law Reform: a Source of Inspiration? (Paperback)
Sophie Stijns, Sanne Jansen; Contributions by Sanne Jansen, Sophie Stijns, Sander Van Loock, …
R2,272 Discovery Miles 22 720 Ships in 12 - 17 working days

The French projet d'ordonnance, which reformed contract law, the general regime of obligations and the proof of obligations appeared in February 2015. One year later, in February 2016, the final version of the ordonnance was published. The ordonnance thoroughly reforms French contract law and the law of obligations and will enter into force in October 2016.This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: 'The French Contract Law Reform: a Source of Inspiration?' Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance. Whereas Van Loock briefly sketches the antecedents and the outcome of the reform, the other authors each tackle specific topics of the reform that surprised and/or excited the legal community. Pannebakker tackles the precontractual phase and assesses the attractiveness of the reform for international commercial transactions. Peeraer gives a critical overview of the doctrine of nullity in the ordonnance. Leone explores the potential impact of the 'significant imbalance' test in the new ordonnance on employment contracts. In their contributions, Lutzi and Oosterhuis discuss the much-debated provision that introduces the theory of imprvision. The contributions by Jansen and Verkempinck are both focused on remedies: the newly introduced price reduction remedy and damages. Storme criticises the new rules on set-off in the ordonnance, and Mah addresses the question why the final version of the ordonnance omitted the issue of interpersonal effects of fundamental rights on contractual freedom.

Jurisdiction Over Non-EU Defendants - Should the Brussels Ia Regulation be Extended? (Hardcover): Tobias Lutzi, Ennio... Jurisdiction Over Non-EU Defendants - Should the Brussels Ia Regulation be Extended? (Hardcover)
Tobias Lutzi, Ennio Piovesani, Dora Zgrabljic Rotar
R3,643 Discovery Miles 36 430 Ships in 10 - 15 working days

This book looks at the question of extending the reach of the Brussels Ia Regulation. The Regulation, the centerpiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation and its extension has long been anticipated. This examination looks at its extending to apply to defendants not domiciled in a Member State. It asks whether that extension can be justified when compared to the domestic rules of each Member State. It critically assesses the question, based on the findings of national reports. It then looks at the question from the EU perspective, the perspective of signatories to the Lugano Convention (for eg EFTA) and the wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.

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