Reforming the French Law of Obligations: Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription ('the ... Institute of European and Comparative Law) - Hardcover

Hardcover

ISBN 10: 1841138053 ISBN 13: 9781841138053

Publisher: Hart Publishing, 2009

Synopsis

The 2005 Avant-projet de r���©forme 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. Distinguished private lawyers from both England and France analyze and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include: negotiation and renegotiation of contracts . 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.

About this title

From the Author:

John Cartwright is Professor of the Law of Contract at the University of Oxford and Director of the Oxford Law Faculty's Institute of European and Comparative Law.
Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.
Simon Whittaker is Professor of European Comparative Law and a Fellow of St John's College, Oxford.

Review:

The collection of essays...is valuable not so much for its assessment of the modest character of the Avant-projet itself, but for its critical review of key areas in the current state of French law. It provides examples of succinct, readable and thoughtful analysis, often provided from outside France. By presenting debates between French and UK-based scholars, the book is also a good showcase of the quality of scholarship on French law in the UK, which is often far more reflective than that in France. John Bell The Cambridge Law Journal

About this edition

• Publisher: Hart Publishing
• Publication date: 2009
• ISBN 10: 1841138053
• ISBN 13: 9781841138053
• Binding: Hardcover
• Number of pages: 950
• Editor: Cartwright John, Vogenauer Stefan, Whittaker Simon