Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms (eBook)

Edited by: John Cartwright, Simon Whittaker

ISBN13: 9781509911615
Published: October 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £58.49
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.30am to 5.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

The French Civil Code, which governs the law of obligations in France, has remained unchanged since 1804 and has served as the model for civil codes across the world.

In 2016, the French Government enacted legislation repealing much of this law. This work looks at the effect of this action and the new provisions for French contract law.

Drawing on the expertise of comparative lawyers working on French law and the law of other civil codes, it explores the lively debates between French and other scholars on the merits (or demerits) of the reform. It will make these seismic and fundamental reforms accessible to an English-speaking audience.

Subjects:
European Jurisdictions, eBooks, France
Contents:
1. Introduction
SIMON WHITTAKER AND JOHN CARTWRIGHT

Part I: The Background to the Reforms
2. The Process of Elaboration of the Reform of the Law of Contract
BÉNÉDICTE FAUVARQUE-COSSON, JULIETTE GEST AND FRANÇOIS ANCEL
I. Introduction
II. The Context of the Reform
III. The Three Periods of the Process of Reform

Part II: The New Provisions Critically Examined
3. Contracts, Contract Law and Contractual Principle
SIMON WHITTAKER
I. Introduction
II. Identifying ‘Contract Law’
III. The Portrait of French Contract Law in the Reformed Code Civil
IV. Conclusion
A: The Creation of a Valid Contract
4. Formation of Contract: Negotiation and the Process of Agreement
RUTH SEFTON-GREEN
I. Precontractual Negotiations: Freedom and Good Faith
II. Offer and Acceptance
III. Pre-contracts
IV. Conclusion
5. Validity of Contract: Dol, Erreur and Obligation d’Information
CAROLE AUBERT DE VINCELLES
I. Precontractual Information Obligations
II. The Defects in Consent
6. Violence in the Reformed Napoleonic Code: the Surprising Survival of Third Parties
CIARA KENNEFICK
I. Introduction
II. Duress by Third Parties
III. Duress on Third Parties
IV. Conclusion
B: The Content and Effects of Contracts
7. The Content of Contracts: Prestation, Objet, but No Longer la Cause?
LAURENT AYNÈS
I. Introduction
II. From Objet to the Content of the Contract
III. From la Cause to Something in Return (la Contrepartie)
8. The Revolution in Unfair Terms
PHILIPPE STOFFEL-MUNCK
I. Introduction
II. Article 1170: the General Provision
III. Article 1171: the Special Provision
9. Mandatory and Non-mandatory Rules in the New Law of Contract
CÉCILE PÉRÈS
I. Formal Recognition
II. Qualifications on the General Non-mandatory Character of the Provisions
III. The Retreat of Freedom of Contract
10. Does Review on the Ground of Imprévision Breach the Principle of the Binding Force of Contracts?
BÉNÉDICTE FAUVARQUE-COSSON
I. Introduction
II. From Contractual Stability to Greater Flexibility: How New Article 1195 Finally Reached a Good Balance
III. Imprévision in the Reform of Contract Law: Related Issues
IV. Conclusion
11. The Proprietary Effects of Contracts
GENEVIÈVE HELLERINGER
I. Introduction
II. The New Provisions of the Code Civil
III. Critical Appraisal
12. The Effects of Contracts and Third Parties
JEAN-SÉBASTIEN BORGHETTI
I. Introduction
II. The Relative Effect of the Contract
III. The ‘Opposability’ of Contracts
IV. Conclusion
C: Contractual Non-performance and its Remedies
13. Exécution Forcée en Nature
YVES-MARIE LAITHIER
I. Introduction
II. The New Provisions of the Code Civil Relating to the Performance in Kind of Contractual Obligations
III. The State of the Law as it Stood Before the Reform of 10 February 2016
IV. Comparative Perspectives on the New Provisions
V. Critical Observations
14. The Exception d’Inexécution
THOMAS GENICON
I. Introduction
II. Considerations Common to Articles 1219 and 1220
III. Article 1219: The Defence of Proven Non-performance
IV. Article 1220: The Defence of Anticipated Non-performance
15. Termination for Contractual Non-performance
SOLÈNE ROWAN
I. Introduction
II. The New Provisions on Termination: Description and Comparison with the 1804 Code
III. Comparative Observations on the New Provisions of the Code Civil
IV. An Assessment of the New Provisions on Termination
V. Conclusion

Part III: Refl ections from Other Civil Laws
16. The New Design of the French Law of Contract and Obligations: An Italian View
PIETRO SIRENA
I. The French Reform in the Eyes of Italian Scholarship
II. The Rise of a French Law of Obligations within Book III of the Code Napoléon
III. The New Article 1100 Code Napoléon and the Rest of its New Title III on the Sources of Obligations
IV. The New Article 1101 Code Napoléon and the Definition of Contract
V. The New Article 1105 Code Napoléon and the Division between the General Part and the Special Part of Contract Law
VI. The New Article 1128 Code Napoléon and the Requirements for the Validity of Contract
VII. The New Chapter of the Code Napoléon on Formation of Contract and the Duty to Disclose During Precontractual Negotiations
VIII. The Degree of Innovation Afforded by the French Reform and the Meaning of a Contemporary Civil (Re-)Codification
17. A Spanish Perspective on the General Theory of Contract
ESTHER ARROYO AMAYUELAS
I. Introduction
II. General Overview of the Reform (Title III)
III. Some Issues of Interest
IV. Final Reflections
18. La Troisième Jeunesse du Code Civil: A German Lawyer Looks at the Reform of French Contract Law
BIRKE HÄCKER
I. Background
II. General Remarks
III. Specific Comments
IV. Conclusion"

Series: Studies of the Oxford Institute of European and Comparative Law

£85.00
£76.50
(ePub)
Buy
New Economic Constitutionalism in Europe ISBN 9781509952113
Published May 2021
Hart Publishing
£44.99
Discretion in EU Public Procurement Law ISBN 9781509946136
Published December 2020
Hart Publishing
£43.99
The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509936557
Published February 2020
Hart Publishing
£64.99
General Principles of Law: European and Comparative Perspectives ISBN 9781509933099
Published October 2019
Hart Publishing
£44.99
New Economic Constitutionalism in Europe (eBook) ISBN 9781509909650
Published October 2019
Hart Publishing
£40.49
(ePub)
Buy
New Economic Constitutionalism in Europe ISBN 9781509909629
Published October 2019
Hart Publishing
£100.00
Discretion in EU Public Procurement Law (eBook) ISBN 9781509919499
Published May 2019
Hart Publishing
£39.59
(ePub)
Buy
Discretion in EU Public Procurement Law ISBN 9781509919482
Published May 2019
Hart Publishing
£95.00
The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
Published October 2017
Hart Publishing
£130.00
General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
Hart Publishing
£40.49
(ePub)
Buy
The Unitary EU Patent System ISBN 9781509914173
Published June 2017
Hart Publishing
£31.99
General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
Published June 2017
Hart Publishing
£120.00
Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published July 2016
Hart Publishing
£100.00
£90.00
(ePub)
Buy
£39.99
The Unitary EU Patent System ISBN 9781849466196
Published February 2015
Hart Publishing
£85.00
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published February 2015
Hart Publishing
£28.79
(ePub)
Buy
£35.99
(ePub)
Buy
£95.00
The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
Hart Publishing
£117.00
(ePub)
Buy
The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
Published March 2013
Hart Publishing
£130.00
Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£85.00
Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
Hart Publishing
£76.50
(ePub)
Buy
Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
Published February 2012
Hart Publishing
£150.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
Hart Publishing
£135.00
(ePub)
Buy
Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
Hart Publishing
£160.00
£144.00
(ePub)
Buy
Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£95.00
£175.50
(ePub)
Buy
Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
Hart Publishing
£195.00
Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
Published January 2009
Hart Publishing
£95.00
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£95.00
Better Regulation ISBN 9781841137155
Published June 2007
Hart Publishing
£95.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£90.00
Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£80.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£72.00
(ePub)
Buy
The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£85.00