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1
PALOMBO, Dalia. "The Duty of Care of the Parent Company: A Comparison between French Law, UK Precedents and the Swiss Proposals." Business and Human Rights Journal 4, no. 02 (July 2019): 265–86. http://dx.doi.org/10.1017/bhj.2019.15.
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AbstractIn 2017, France established a due diligence statutory obligation for French parent companies to monitor extraterritorial human rights and environmental abuses committed by their off-shore affiliates. Switzerland is also considering adopting a similar law for Swiss parent companies. These obligations are comparable to the duty of care that, according to recent case law, British parent companies owe towards their subsidiaries’ neighbours. This article compares and contrasts the newly introduced French due diligence statutory obligation, the UK precedents, and two alternative Swiss legislative proposals on the due diligence and duty of care of parent companies.
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Alterman, Rachelle. "From Expropriations to Development Agreements: Developer Obligations for Public Services in Israel." Israel Law Review 24, no. 1 (1990): 28–81. http://dx.doi.org/10.1017/s002122370000978x.
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If the term “developer obligations” seems unfamiliar, the policies which it denotes are familiar to anyone who deals with planning law: developer obligation s are requirements placed by planning authorities on developers to supply some public facility or amenity as a condition for granting a development permit. Developer obligations come in many forms: land dedication, payment of a fee, construction of a public facility, or supply of a public service. These requirements are known by varying names in many countries: in the U.S.A. they have come to be known as “exactions”, in Britain as “planning gain”, and in France as participation. Other countries may have many terms to indicate each separate tool, or no specific term at all. The term “developer obligations” is here proposed as an international term that, hopefully, has fewer culture-specific connotations than the other terms mentioned. I will use “developer obligations” in the broadest sense, to include some indirect mechanisms for financing public services, such as the land betterment tax, while “exactions” will be used to indicate the methods directly focused at financing such services.
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Chub, D. V. "Legal regulation of smart contracts in France." Actual Problems of Russian Law, no. 8 (September 20, 2019): 151–58. http://dx.doi.org/10.17803/1994-1471.2019.105.8.151-158.
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The paper is devoted to the legal regulation of smart contracts in French law. The question of the admissibility of the use of smart contracts in economic relations is considered. Particular attention is given to the French legal doctrine in the issue of formulating the definition of “smart contract” and identifying its characteristic features, the various points of view of French legal scholars are compared. Examples of the most effective use of a smart contract in economic relations are given. The problems of applying contractual legal obligations and obligations of French law to smart contracts are considered. The importance of the oracle for the implementation of the smart contract and the features of its legal status under French law are disclosed.
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Ranjbar, Abdollah, and Seyed Hossein Sadat-Hosseini. "Comparison of Dhimmah and Asset in French Jurisprudence and Law." International Journal of Multicultural and Multireligious Understanding 7, no. 7 (August 7, 2020): 129. http://dx.doi.org/10.18415/ijmmu.v7i7.1788.
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Reference of jurisprudential texts to religion brings to mind the religious right and the obligation to resemble with divisions of law in France. In the legal system of Islam, dhimmah (treaty or obligation) have been extensively used along ages and in different fields. On the contrary, in the classical law and French law, the title "Patrimoine" (asset or property) is used throughout the commitments. In the religious law, a person who is called a creditor or promisee has direct rights over another person who is called debtor or promisor. Since debt is directly related to individuals’ obligations, so to identify exact meaning and concept of religious or individual right, it is necessary to examine its execution which is the very dhimmah in jurisprudence or the property and obligation mentioned by Arab and French lawyers. In spite of the similarities between these two terms, there is no comparable capability between the dhimmah and the asset; for the term dhimma is not compatible with the term "Patrimoine" (asset); hence, in this article, these two terms are to be conceptualized and compared.
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Cvetkova, Irina. "The Abolition of the Concept of “Causa” in French Civil Law." Białostockie Studia Prawnicze 26, no. 5 (December 1, 2021): 91–102. http://dx.doi.org/10.15290/bsp.2021.26.05.06.
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Abstract Causa is a subjective motive that determines the content of the obligation or material interest, which encourages the party to the trade to enter into an obligation taking on the associated burdens. In the countries of continental (mainland) Europe that belong to the Romano-Germanic law system, such as Germany, France, and Italy, the goal (objective) of the parties to the trade, causa, is legally significant. In the theory of the Civil law of the Romano-Germanic system, there is a general principle – any obligation arises for some purpose, which is called the basis of obligation. Causa is an individual interest that meets the requirements of the legal system. France was one of the last European countries that did not recognise the contingency theory as a basis for regulating the binding force of a contract. In practice, the courts have faced criticism of the concept of causation from both doctrine and law enforcement practice. In 2016, there was a significant reform of the French law of obligations. Legal science, undeservedly, did not attach due importance to one of the most noticeable innovations within the framework of the mentioned reform – the abolition of the concept of “causa” (reason, basis) of the contract, which until recently was one of the most original features of the French law and originated from Roman law, which was fixed in the Napoleonic Code. In this article, the theoretical provisions for the abolition of the concept of causa in French civil law, within the framework of the reform of the Civil Code, were investigated, and the corresponding conclusions were drawn.
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Oldham, Mika. "Financial Obligations within the family-Aspects of Intergenerational Maintenance and Succession in England and France." Cambridge Law Journal 60, no. 1 (March 2001): 128–77. http://dx.doi.org/10.1017/s0008197301000654.
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THE article examines the different roles played by private and public intergenerational support obligations in England and France, assesses their impact on elderly people and their carers and suggests possible ways in which the law might be used to alleviate some of the difficulties.
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Fauvarque-Cosson, Bénédicte. "L’avant-projet français de réforme du droit des obligations et de la prescription: présentation générale." European Review of Private Law 15, Issue 6 (December 1, 2007): 761–64. http://dx.doi.org/10.54648/erpl2007042.
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Summary: The Livre III, Titre III of the French Civil Code ‘Des contrats ou des obligations conventionnelles en général’ has remained practically as it stood in 1804. Recently, a project for a major reform of the law of obligations and prescription (of the Code civil) was formed by some French academics, and the idea was strongly supported by the former President Jacques Chirac, on the occasion of commemoration of the bicentenary of the Code civil. The ‘Avant-projet de réforme de droit des obligations et de la prescription’ was achieved by a committee of 36, mainly professors of law, under the intellectual sponsorship of the Association Capitant and the presidency of Professor Pierre Catala (hence its second name: «Avant-projet Catala»). A distinct team was set up for tort law, chaired by Professors Geneviève Viney and GeorgesDurry and for the law of prescription (Professor PhilippeMalaurie). In order to understand why such a sudden move was made, suffice it to recall the vivid debate which took place in France on the possibility of a European civil code. This debate has awakened the feeling that something had to be done in order to modernize our law of obligations. Moreover, a broad diffusion in France of the Principles of European Contract Law has helped the French to realize that many convergences and similarities already exist between our law of contracts and the work of the Lando Commission.Therefore, the aim of the working group was not only to restore the place of the Code civil inside French law – the law of obligations, such as it stands in that code, must constitute the jus commune – but also outside France where it has lost a great part of its prestige. The avant-projet starts with Article 1101 and terminates at Article 1386, just as the Code civil currently does. There were 296 articles in the Code civil (ten were added since 1804); there are 488 of them in the Avant-projet. The innovations are numerous and the overall structure has greatly improved. Yet, for all of these innnovations, a great tribute is still paid to tradition. For instance, the French concept of cause survives fierce criticism and the power of the judges to adapt the contract in case of a major change of circumstances is rejected (Art. 1135-1 et seq.). An impressive work has been achieved. A number of consultations have taken place among practitioners and enterprises. It is hoped that this Avant-projet will soon lead to a major reform of the French law of obligations and prescription. Zusammenfassung: Das Buch III, Abschnitt III des französischen Bürgerlichen Gesetzbuchs mit der Überschrift ‘Des contrats ou des obligations conventionnelles en général’ ist im Grundsatz seit 1804 unverändert geblieben. Zur Gelegenheit des zweihundertjährigen Jubileums des Code Civil wurde kürzlich ein Projekt zur grundsätzlichen Reformierung des Schuldrechts sowie des Verjährungsrechts (des Code Civil) durch einige französische Rechtswissenschaftler gegründet, welches durch den ehemaligen Präsidenten Jacques Chirac sehr unterstützt wurde. Das ‘Avant-projet de réforme de droit des obligations et de la prescription’ wurde durch eine Kommission von 36 Mitgliedern ausgeführt, die sich hauptsächlich aus Professoren der Rechtswissenschaften zusammensetzte, von der Association Capitant gesponsort wurde und von Prof. Pierre Catala vorgesessen wurde (deshalb war ihr zwe
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Vershinina,, E. V., and J. A. Stakheeva. "CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW." MGIMO Review of International Relations, no. 5(32) (October 28, 2013): 197–207. http://dx.doi.org/10.24833/2071-8160-2013-5-32-197-207.
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In the article the authors give the main characteristics of conditions of transaction validity according to the Russian and French law. In Russia, as well as in France, a transaction (agreement) which does not meet any of these conditions may be recognized as invalid in part or in full. The conditions of transaction validity are not specified directly in Russian laws, in contrast to the French legislation. Russian lawyers share the opinion that the conditions of transaction validity include the following: the content and the legal result of the transaction must not contradict to law; individuals and legal entities performing the transaction, must have capacity to be a party to the transaction; the expressed will of the transaction party must correspond to its actual will; the will of the transaction party must be expressed in due form. French legislation, in particular, the French Civil Code in the Article 1108 directly specifies the following conditions of transaction (agreement) validity: the party, which undertakes its obligations, must express its consent; the parties must have the capacity to make an agreement; certain subject, which represents the obligation's content; causa of the obligation. Article 1108 of the FCC does not contain direct provisions regarding the form of the transaction. However, in order to be valid, the transaction must be executed in certain legally established form. Also the article deals with the main common and different features in Russian and French legislation and doctrine.
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Vlavianos, George. "Specific Performance in the Civil Law: Mediating Between Inconsistent Principles Inherited from a Roman-Canonical Tradition via the French Astreinte and the Québec Injunction." Revue générale de droit 24, no. 4 (February 27, 2019): 515–54. http://dx.doi.org/10.7202/1056817ar.
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Traditionally, inexecution of a contractual obligation in the civil law gives rise to an award in damages. This principle stems from Roman law of the classical period, which held to the maxim Nemo praecise cogi potest ad factum. In the post-classical period, however, the influence of ecclesiastical courts and the Christian notion of fidei laesio imposed itself on the classical pre-eminence of damages. Consequently, contractual obligations were often specifically enforced by secular courts based on the pacta sunt servanda doctrine of the canon law. Yet damages and specific performance, it is argued, are from the outset conceptually irreconcilable remedies. The full import of the nemo praecise principle prohibits all acts compelling the debtor to perform, whether such compulsion be physical or one of conscience. Pacta sunt servanda, on the other hand, maintains that that which has been promised should be performed, by force if necessary. In France, the mechanism of astreinte — a comminatory fine imposed on the debtor upon his failure to comply with a court order — is used to specifically enforce contractual obligations. This is done despite the fact that execution in kind is not expressly sanctioned by the Code civil. In Québec, courts have been slow to acknowledge the suitability of specific performance in the context of contractual obligations. The source of such hesitation is codally rooted, as the Civil Code of Lower Canada, in terms similar to the French Code civil, enunciates the supremacy of damages at article 1065. But this situation will change with the arrival of the new Civil Code of Québec. With this reorientation of the substantive law, Québec courts will be procedurally better equipped to enforce specific performance than their French counterparts. In essence, via the injunction, a court may physically compel a recalcitrant debtor. Despite its common law origins, the author contends that the injunction is not incompatible with the law of obligations in Québec. Any perceived incompatibility in the realm of contract law arises from the initial irreconcilability of damages and specific performance.
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Jentsch, Valentin. "Contractual Performance, Breach of Contract and Contractual Obligations in Times of Crisis: On the Need for Unification and Codification in European Contract Law." European Review of Private Law 29, Issue 6 (December 1, 2021): 853–84. http://dx.doi.org/10.54648/erpl2021045.
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The sanctity of contracts, a guiding principle of contract law in civil law systems, requires that both or all contracting parties be expected to meet their contractual obligations, thereby ensuring efficacy and efficiency of private ordering. Under extraordinary circumstances, however, legal systems provide for mechanisms, which may excuse contractual performance or lead to adaption or termination of contractual obligations. Since the coronavirus pandemic, these mechanisms have clearly gained traction. Drawing on five important civil law jurisdictions (Germany, Austria, Switzerland, France, Italy), this article elaborates on excuses of contractual performance and remedies for breach of contract and on adaption or termination of contractual obligations. The article aims to address the fundamental questions, whether these excuses and remedies and institutions on adaption or termination still serve their purpose in times of pandemic or whether and to what extent a uniform breach of contract action or a codification of such institutions is needed in European Contract Law. A functional and comparative approach is used to unfold and analyse these timeless questions from a contemporary perspective.
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Nielsen, Peter Arnt. "Ole Lando and Choice of Law for Contracts." European Review of Private Law 28, Issue 3 (September 1, 2020): 523–27. http://dx.doi.org/10.54648/erpl2020029.
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The author represents the content of Ole Lando’s doctoral dissertation from 1961 on the choice of law for contracts. The dissertation examined the evolution of the choice of law rules for contracts in France, Germany, England, the US and the Scandinavian countries. It is concluded that Ole Lando in his dissertation proposed choice of law rules for contracts that in general were adopted two decades after his dissertation in the Rome Convention on Choice of Law for Contractual Obligations. Harmonization, contract law, European private law, restatements
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Pogrebnyak, M. "PLACE OF LIFE MAINTENANCE (CARE) CONTRACT IN MANDATORY LAW." Scientific Notes Series Law 1, no. 12 (October 2022): 275–80. http://dx.doi.org/10.36550/2522-9230-2022-12-275-280.
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The purpose of this article is to determine the place of the contract of lifelong support (care) in the law of obligation. It has been established that in modern civil legislation and doctrine, the approach to understanding the legal essence of an obligation, as a legal relationship between a creditor and a debtor, characteristic of Roman private law, has been preserved. As a result of the study of the doctrinal positions regarding the place of the contract of lifelong support (care) in the mandatory law, it was concluded that there are three positions of scientists: 1) the contract of lifelong support does not have the right to exist; 2) the lifetime maintenance contract is a type of other civil law contracts; 3) the lifetime maintenance contract is an independent civil law contract. It was established that the first position of the scientists was caused by the prevailing Soviet-era requirement for the rules of behavior of Soviet people, which expressed the essence of communist morality," therefore the contract of lifelong maintenance completely contradicted the rules of socialist coexistence. The second position of scientists is due to the fact that this contract was first legally regulated in the Central Committee of the Ukrainian SSR in 1963 within the scope of the contract of sale. It has been established that the life maintenance contract has received legal regulation as a type of annuity contract in many countries of the world (civil codes of France, Germany, Moldova, etc.). The position of scientists regarding the independent nature of the lifetime maintenance contract is explained on the basis of its characteristic features, which are determined by the legal nature of this contract: 1) the purpose of concluding the contract is the alienation of property rights and the provision of material maintenance (care); 2) retaliatory character; 3) real character; 4) bilateral; 5) fixed-term; 6) fiduciary (trust) character. To date, the debate about the place of a life-long maintenance (care) contract in the law of obligations was finally resolved in the Central Committee of Ukraine of January 16, 2003 by separating a separate chapter 57 "Lifelong maintenance (care)" in sub-section 1 "Contractual obligations" : obligation, right of obligation, lifetime maintenance (care) contract, legal nature, independent character.
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Farah, Ahmad Qasim. "Duty of the Insured to Disclose Risks in Terrestrial Insurance Contracts in Jordan, Uae and France: An Analytical Study Upheld by Recent Decisions of Courts of Cassation." Arab Law Quarterly 29, no. 3 (August 10, 2015): 199–245. http://dx.doi.org/10.1163/15730255-12341299.
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Good faith is the fundamental principle upon which insurance contracts are based that requires the party seeking insurance to disclose all potential risks about which the insurer must be aware, whether before conclusion or during coverage of the contract. In cases of misrepresentation or concealment, the insurer may terminate the contract or request a proportionate remedy. Analysis of the positions adopted by the Jordanian and Emirati legislatures, compared to that of the French, shows that the French legislature provides certain solutions to problems that both other legislatures seem to have ignored. Furthermore, decisions issued by Courts of Cassation in the three countries are indeed instrumental in understanding the boundaries of the policy owner’s obligation to disclose certain information. Using a legal comparative and judicial approach, we aim to shed light on the nature of this obligation and then determine the resulting consequences when an insured party succeeds or fails to carry out its obligations.
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Giliker, Paula. "CODIFYING TORT LAW: LESSONS FROM THE PROPOSALS FOR REFORM OF THE FRENCH CIVIL CODE." International and Comparative Law Quarterly 57, no. 3 (July 2008): 561–82. http://dx.doi.org/10.1017/s0020589308000419.
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AbstractThis article deals with a topic at the heart of modern comparative law: codification of private law on a national and European level. It offers a critical assessment of the recent French attempt to redraft the obligations provisions of its civil code, focusing on the revisions to the law of tort or delict. There has been little analysis of these provisions within or outside France. This article examines the key changes proposed and identifies the implications in terms of tort policy.
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Matsuda, Masaharu. "Insurance Contract and Aleatory Contract under Reform of the Law of Obligations in France." Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE) 2020, no. 651 (December 31, 2020): 651_111–651_137. http://dx.doi.org/10.5609/jsis.2020.651_111.
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Sábo, Jozef. "Taxation of Digital Servieces from International Tax Law Perspective." Financial Law Review 20, no. 4 (2020): 64–81. http://dx.doi.org/10.4467/22996834flr.20.021.13093.
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The article analyses taxes on digital services adopted in the United Kingdom, France, Austria, and Italy. The article tries to identify the architectural features of these taxes that could conflict with obligations according to international tax treaties and EU laws. The article also presents OECD “Unified Approach” which is based on multilateral agreement. The main hypothesis of the article is that this approach represents a better solution for the taxation of digital services than unilateral national taxation of digital services. In the presented analyses, mainly horizontal comparative method, method of logical analysis and synthesis are employed.
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Мутай, Ирина, and Irina Mutay. "Development of the Principle of Good Faith and the Institute of Pre-Contractual Liability in Light of the Reform of French Legislation on Obligations." Journal of Russian Law 2, no. 2 (January 20, 2014): 91–100. http://dx.doi.org/10.12737/2243.
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On the materials of project of reforming of law of obligation in France the author researches law positions of French courts and legal scholars on good fair and pre-contractual responsibility, explaines importance of legislative basis of proposals on pre-contractual responsibility and its development by case law, makes conclusions of necessity of taking into account of achievements of foreign legal doctrine during formation of Russian case law.
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JOBERT, Annette. "La négociation collective des restructurations en France : de la consultation des représentants du personnel à la négociation des accords de méthode." Management international 12, Spécial (2008): 59–66. http://dx.doi.org/10.59876/a-n53g-m75h.
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In France, economic redundancy and corporate restructuring processes are governed by a law that has expanded employers' obligations as much with regard to employees as to labor representatives (reclassification, redundancy program, content of economic and social information). In the past few years, the law has tended to favor collective negotiations in companies. The "accords de methode" (method agreements on how to achieve restructurings) are symptomatic of this change. They could take part in a reconfiguration of corporate actors and open a new space for collective action and negotiation. The article examines the implications. [PUB ABSTRACT]
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NIKOLAEVA, JEANNA. "POLICY ON LIABILITY FOR TAX CRIMES IN THE RUSSIAN FEDERATION AND ABROAD (COMPARATIVE ASPECT)." Sociopolitical sciences 10, no. 4 (September 30, 2020): 91–98. http://dx.doi.org/10.33693/2223-0092-2020-10-4-91-98.
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The publication analyzes the policy in the field of legal liability for tax crimes in the Russian Federation and the States with which the Russian Federation has stable economic ties - Germany, Spain, France, China, the States of the Eurasian economic Union and the Commonwealth of independent States. The study suggests that the policy of States that are economic partners of the Russian Federation demonstrates a more severe approach to non-fulfillment of tax obligations. As a result of the study of foreign legislation, no States have been identified that have more lenient sanctions for tax crimes. Legal regulation of legal liability for violation of tax legislation in comparison with Russian legislation is characterized by long periods of limitation for criminal liability. Criminal law prohibitions do not contain an imperative requirement to exempt a defaulter from criminal prosecution in the event of payment of arrears and other compensation accruals (with the exception of the republics of Kazakhstan and Uzbekistan). In contrast to the Russian Federation, most countries criminalize actions related to ignoring the obligation to maintain accounting records, hiding or destroying accounting documents (China, France, Spain, etc.). It is concluded that the Russian Federation is a less protected tax jurisdiction in comparison with the States with which it has economic ties. The existing imbalance of liability for violations of tax and fee legislation creates prerequisites for the use of Russian tax jurisdiction in unfair tax strategies. When determining the vector of Russian state policy in the sphere of liability for non-fulfillment of tax obligations, it is not advisable to ignore this significant circumstance.
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Shadanova, L. Zh, and T. S. Tilep. "Alimony obligations of spouses and ex-spouses: comparative legal analysis of the legislation of Kazakhstan and some foreign countries." Bulletin of the Karaganda University. “Law Series” 109, no. 1 (March 30, 2023): 115–22. http://dx.doi.org/10.31489/2023l1/115-122.
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The article is devoted to the comparative legal analysis of the legal regulation of alimony obligations of spouses and ex-spouses in Kazakhstan and in some developed foreign countries, in particular in Germany, France, the UK, the USA. Based on the research and analysis of the legislation of the Republic of Kazakhstan and foreign countries, the current problems of the material maintenance of spouses and former spouses both during marriage and after the dissolution of marriage are considered. The features of the legislative regulation of alimony obligations of spouses in the countries included in the Anglo-Saxon and continental legal systems are analyzed. Attention is focused on the problems of determining the amount of alimony, the term and pro- cedure for the payment of alimony, as well as the grounds for termination of the alimony obligation. The pur- pose of the study is to conduct a comparative legal analysis of the legal regulation of alimony obligations of spouses and former spouses in the Republic of Kazakhstan and in some countries of the world and on the ba- sis of the study to identify shortcomings of legal regulation, to determine further ways to improve domestic legislation. Based on the study of legislation and law enforcement practice on the settlement of disputes on material maintenance between spouses and former spouses, the authors make proposals aimed at improving the family legislation of the Republic of Kazakhstan.
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KIM, Gee Hwan. "Force majeure as a reason for exemption from default - Focusing on discussions in France -." Korean Association of Civil Law 107 (June 30, 2024): 65–103. http://dx.doi.org/10.52554/kjcl.2024.107.65.
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The French Civil Code provides for strict liability and exemption from force majeure for damages resulting from non-performance. However, in practice, the cases of force majeure are expanded and interpreted to operate similarly to the non-performance liability principle. In French academic circles, there is also a strong view that force majeure, which is a ground for exemption from non-performance, is the same as no fault. The liability for damages resulting from non-performance is a variation of the original obligation, and the occurrence of the liability for damages is determined by the standards of the duty of care of the original obligation. On the one hand, imposing a good manager's duty of care, but on the other hand, saying that liability for damages arises if a higher duty of care is not fulfilled can be seen as a contradiction. In particular, it should be noted that the degree of duty of care may be changed by law or agreement of the parties. It is not reasonable to ignore these changes and unconditionally require irresistibility, impose a very high duty of care, and pay compensation for damages if this is not done. Even our civil law is based on the duty of care of a good manager (Articles 374 and 681). However, in some cases, the duty of care could be seen as a duty of care towards one's own property. (Articles 695 and 922). In addition, the degree of duty of care may be strengthened by agreement between the parties through strict liability, or the degree of duty of care may be weakened by indemnification for non-performance of obligations due to negligence. Uniformly in all cases, it is difficult to find a valid reason to impose a very high duty of care on the debtor, and force the debtor to perform the obligation unless performance is virtually impossible. If the debtor has fulfilled the duty of care or duty of good faith required by the provisions of the law or the agreement of the parties, it would be reasonable and appropriate to exempt the debtor from liability for damages even if there is a non-performance.
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Kim, Gha-Eul. "A Study on the Form of Contract Provision in the Reformed Law of Obligations in France." Inha Law Review : The Institute of Legal Studies Inha University 22, no. 4 (December 31, 2019): 27–56. http://dx.doi.org/10.22789/ihlr.2019.12.22.4.27.
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Van Zeebroeck, Shanthi. "Patient’s Orders: Patient’s Rights and the Doctor’s Obligations under the Claeys–Leonetti Law of 2016 in France." Statute Law Review 40, no. 3 (March 14, 2018): 266–72. http://dx.doi.org/10.1093/slr/hmy004.
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Abstract France enacted the Claeys–Leonetti law in 2016, becoming one of the first countries to legalize terminal sedation as a medico-legal practice in the world. The focus of this short paper is to highlight the limitations imposed by Claeys–Leonetti on the doctor to fulfil his or her ethical duties under the Hippocratic oath to act ‘for the benefit of my patient’ but to act only according to the ‘wishes of the patient’, to eliminate all forms of pain and suffering. A legislative commentary will be provided for the first five pertinent articles followed by proposals for reform.
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Petrov, V. "Joint and several liability and separate liability of the heirs for hereditable obligations – short comparative and historical overview." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 114–16. http://dx.doi.org/10.33531/farplss.2018.4.21.
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The article researches the different approaches for regulation of the liability of the heirs for hereditable obligations. Historical and comparative researches were made. The European legislations can be divided in two big groups. The legislations form the first group set a separate liability of the heirs - each one of them owes only a part of the debt equal to his share of the estate. The legislations of France, Ukraine, Bulgaria, etc. are included in this group. The legislations from the second group govern joint and several liability for the heirs. A creditor of the estate has a right to demand an enforcement of the whole size of hereditable obligation from one of the heirs and this enforcement releases all of the heirs from their liability. This group includes the civil legislations of German, Switzerland, Spain, Russian federation, Macedonia, etc. The author position is that the separate liability is more proper for regulation of the heir’s liability for hereditable debts. Historical, comparative and theleological methods are used for proof of this thesis. The historical development of this liability from Roman private law is traced and researched. A short overview of the aims of each one of the two kinds of liability is made in the article. The joint and several liability protects only the interest of the creditors of the estate. It is considered in the doctrine as a debt security. The separate liability protects the interest not only of the creditors, but of the heirs too. But only the liability for divisible obligations is separate. The liability for indivisible obligations is joint and liability. The separate liability can’t be applicable for them because of the specific of this kind of obligations.
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Iksanov, I. S. "Influence of American and French Constitutional Ideas on the Institution of Modern Citizenship." Humanities and Social Sciences. Bulletin of the Financial University 10, no. 1 (November 3, 2020): 51–56. http://dx.doi.org/10.26794/2226-7867-2020-10-1-51-56.
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“Citizenship” is a legal term. Citizenship means a person’s belonging to any state and implies the presence of mutual obligations of a person and a state. Citizenship is a separate institution of law. The modern form of citizenship is different from those that we re before. So it was precise because of the experience present, thanks to the evolution of citizenship. In this article, the formation and development of citizenship will be considered on the example of the revolutionary citizenship of France and America.
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Лик and Jan Lic. "The problem of joint co-ownership in a Polish civil law partnership." Administration 2, no. 3 (September 17, 2014): 71–75. http://dx.doi.org/10.12737/5640.
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The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of joint co-ownership, since in that case it would be the partners, as coowners, that would be the carriers of rights and obligations. It is not possible that a partnership and its partners are both carriers of the same property rights; particularly, the right to the property of partnership. Even if the legislature de-cided that a civil law partnership is not just a civil law obligation, but also an organisa-tional unit and that the legal capacity should be accorded to it, then the system of joint co-ownership in a civil law partnership would also have to be waived. Numerous provi-sions of public law, including in particular tax law, suggest such a solution. They already treat a civil law partnership as a legal entity. Accordance of” as the act of granting civil law capacity would unify its status in all areas of law. Furthermore, there are cases from foreign law that speak for the above-presented solution. In France and Scotland a civil law partnership has legal personality. In Germany the equivalent partnership was granted legal capacity. In the latter country, this was possible without the need to resign from the system of community of joint co-ownership (Gesamthand). Contrary to the Polish joint co-ownership, the German Gesamthand is not a type of co-ownership, but a type of legal community of personal rather than property nature. In countries in which a civil law partnership has not been granted legal capacity, problems similar to those that occur in Polish law arise. The postulate of granting legal capacity to a civil law partnership is justified. However, it should be limited to partnerships that operate business activity. Ordinary external partnerships do not require legal capacity; therefore they can still retain the system of joint co-ownership.
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ANIKINA, Halyna, and Svitlana YAKYMCHUK. "Conditions of the emergence of tortle obligation in the law of foreign countries and Ukraine." Economics. Finances. Law 5, no. - (May 30, 2023): 79–85. http://dx.doi.org/10.37634/efp.2023.5.17.
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The concept and place of obligations to compensate for damage in the system of non-contractual obligations have been studied. The relationship between the concepts of the basis and the conditions for the occurrence of obligations to compensate for damage has been clarified. It is emphasized that the legislation of the vast majority of countries defines the following conditions for the occurrence of obligations to compensate for damage: 1) causing damage to a person or property; 2) illegality of the act; 3) causal connection between the illegal behavior of the delinquent and the damage caused; 4) the fault of the delinquent. However, approaches to understanding each condition differ. The understanding of the concept and types of damage in the countries of the «common law family» and «continental law family» is clarified, attention is drawn to the peculiarities of the legal regulation of moral damage compensation in certain countries, such as: Germany, France, Hungary, Bulgaria, Japan. The concept of «nominal damage» is studied, which is known in the countries of the «common law family» and is used by the court in those cases when no real damage has been caused to the plaintiff, and the lawsuit is aimed at establishing his right. Special attention is paid to the understanding of the concept of «moral damage» in different legal systems. The peculiarities of the interpretation of the concept of «unlawfulness of an act» as a condition for the emergence of obligations to compensate for damage in the legislation of foreign countries and Ukraine are analyzed. Different theories of understanding the cause-and-effect relationship between illegal action and damage, which are defined in national legislation and regulations of foreign countries, are considered. Guilt is analyzed as a condition for the occurrence of obligations to compensate for damage. It was found that the vast majority of countries determine cases of liability for causing damage without fault. It was concluded that in most countries, as well as in Ukraine, such conditions are: 1) causing damage to a person or property; 2) illegality of the act; 3) causal connection between the illegal behavior of the delinquent and the damage caused; 4) the fault of the delinquent. However, the approaches to understanding each of the conditions differ, as evidenced by the analysis of legislation, scientific opinions and judicial practice.
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Kotzeva, Rossitza, David Kovo, Szabolcs Lorincz, Geza Sapi, Lluis Sauri, and Tommaso Valletti. "Recent Developments at DG Competition: 2018/2019." Review of Industrial Organization 55, no. 4 (November 7, 2019): 551–78. http://dx.doi.org/10.1007/s11151-019-09739-w.
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Abstract The Directorate General for Competition at the European Commission enforces competition law in the areas of antitrust, merger control, and state aids. This year’s article provides first a general presentation of the role of the Chief Competition Economist’s team and surveys some of the main achievements of the Directorate General for Competition over 2018/2019. The article then reviews the Siemens/Alstom merger, the Google Android case, as well as two state aid cases that related to a public service compensation for obligations that involved press delivery in France and Italy.
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Cullen, H. "Siliadin v France: Positive Obligations under Article 4 of the European Convention on Human Rights." Human Rights Law Review 6, no. 3 (October 28, 2006): 585–92. http://dx.doi.org/10.1093/hrlr/ngl013.
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BAXI, Upendra. "Nevsun: A Ray of Hope in a Darkening Landscape?" Business and Human Rights Journal 5, no. 2 (July 2020): 241–51. http://dx.doi.org/10.1017/bhj.2020.17.
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AbstractThis article explores some aspects of the Canadian Supreme Court’s decision on Nevsun Resources v Araya in the light of its exposition on the act of state doctrine and application of core human rights as an integral aspect of international customary law and common law. It examines the Nevsun decision in the context of recent statutory developments in France and the Netherlands, the promised law reform in the European Union, and the proposed business and human rights treaty. I argue that it is high time to abandon the doctrinal fossil that human rights obligations do not apply to corporate governance and operations. It is hoped that COVID-19 contexts, and a post-pandemic world, will expeditiously result in the willing adoption of a treaty on business and human rights.
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Reid, Kenneth G. C. "Vassals No More: Feudalism and Post-feudalism in Scotland." European Review of Private Law 11, Issue 3 (June 1, 2003): 282–300. http://dx.doi.org/10.54648/erpl2003022.
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Abstract: At the very time when the feudal system of land tenure was being abolished in France, and elsewhere in Europe, it was enjoying an unexpected revival in Scotland as a means of controlling urban development. Land which was sold under the feudal system could be subjected to permanent conditions, known as “real burdens”, which regulated its future use; and in this way planning control was achieved by a mechanism of private law. Real burdens could (and can) also be used in a non-feudal context, in which case they resemble praedial servitudes. But, unlike servitudes, real burdens can impose affirmative obligations, such as an obligation to construct and maintain a building. Today Scotland is one of the last jurisdictions in the world to have an operational feudal system. That will shortly change. Legislation passed in 2000 abolishes the feudal system with effect from 28 November 2004. At the same time the law of real burdens is reformed and codified. The continued existence, and importance, of real burdens was the greatest obstacle to feudal abolition. For if feudal lords (“superiors”) were to disappear, who was to enforce the burdens? The legislation tackles the difficulty with various improvisations, in some cases reallocating enforcement rights to neighbours (including former superiors), and in others allowing the burdens to lapse altogether. Affirmative burdens will be a permanent legacy of the feudal era, but in other respects its continuing influence on land law is likely to be slight.
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CARREÑO, Ignacio, Tobias DOLLE, and Yury ROVNOV. "Country of Origin Labelling on the Rise in EU Member States – An Analysis under EU law and the EU’s International Trade Obligations." European Journal of Risk Regulation 8, no. 2 (June 2017): 414–23. http://dx.doi.org/10.1017/err.2017.10.
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AbstractOn 1 January 2017, France started a two-year trial of a mandatory country of origin labelling (hereinafter, COOL) scheme, which requires producers of milk, food containing milk products and food containing meat to provide information on the country of origin of the products. The scheme was introduced through Decree No 2016-1137 (i.e. Décret n° 2016-1137 du 19 août 2016 relatif à l’indication de l’origine du lait et du lait et des viandes utilisés en tant qu’ingrédient,1 hereinafter, the Decree). Before the end of this trial period, France has promised to provide a report to the European Commission (hereinafter, Commission) that would allow it to review consumer patterns and the potential impact on the internal market. In view of the report, the Commission may consider implementing such a scheme in all EU Member States. This article also notes that other EU Member States are introducing their own COOL measures and concludes that, when COOL is being made mandatory, the EU’s international trade obligations must be taken into account by the EU and its Member States.
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Selmani-Bakiu, Arta. "Joined and Responsible Parenting." SEEU Review 12, no. 1 (June 1, 2017): 149–65. http://dx.doi.org/10.1515/seeur-2017-0011.
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Abstract In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a joined custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries (Sweden, Norway, Finland, Denmark, UK, France, Italy, Germany, Belgium, Switzerland, Hungary, Czech Republic, USA and Australia). This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction.
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Vasiljković, Jovana, and Dalibor Krstinić. "Forms of testaments in European legislatures." Strani pravni zivot, no. 3 (2021): 433–44. http://dx.doi.org/10.5937/spz65-28270.
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A testament is a unilateral legal act as it is made by a declaration of will of one person and is distinguished from other legal acts by its characteristics. By means of testament the testators may dispose of their rights and create an obligation for themselves and the obligations of the testament do not come into effect until after the death of the testator. A testament can be made in one of the forms prescribed by the law. The primary goal of this paper is to demonstrate and analyse different forms of testaments in the legislature of the Republic of Serbia and the chosen European legislatures of France, Germany, Italy and England. The following methods will be used in the paper: comparative analysis of the forms of testaments in the said legislatures, to be completed by the normative method, while by analysing the content in a systematic way we shall approach the subject matter, and the historical method, which will help us review the origin of certain forms of testaments.
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Voronko, Oleksii. "APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA." Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no. 8 (December 26, 2019): 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
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Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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Kapała, Anna, and Pamela Lattanzi. "Mandatory food information in case of short food supply chains and local food systems in EU and US legislation: a comparative study." Przegląd Prawa Rolnego, no. 1(28) (June 23, 2021): 217–36. http://dx.doi.org/10.14746/ppr.2021.28.1.12.
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The study aims to identify what food information is required for the sale of food by farmers in short food supply chains (SFSCs) in EU law in accordance with Regulation (EU) 1169/2011 and legislation of selected Member States (Poland, Italy and France), which are allowed to adopt national measures in some issues. A comparison with US law serves as a benchmark for drawing conclusions, in particular, whether the requirements are appropriate and proportionate for SFSCs. The Regulation takes into account these alternative sales channels, as Art. 44 only requires information on allergens when offering unpackaged food for sale to final consumers or mass caterers, or when foodstuffs are packaged in the sales room at the consumer's request or packaged for direct sale. However, Member States have adopted national measures imposing an obligation to provide, in writing, more information on food in the direct sale, such as the ingredients list, but not the nutrition declaration. The US legislature is more restrictive, as it requires not only ingredient lists but also nutritional information for nearly all packaged and unpackaged food products, except for agricultural raw materials. The multitude of obligations imposed at various legislative levels is undoubtedly a challenge for farmers involved in SFSC, who are not prepared on a par with professional food companies to implement them.
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Poliakov, R. "ISSUES OF COMPETITIVE AGREEMENTS AND PRE-TRIAL (PREVENTIVE) SETTLEMENT OF DEBT OBLIGATIONS UNDER THE LAW OF ENGLAND AND FRANCE." “International Humanitarian University Herald. Jurisprudence”, no. 66 (2023): 178–91. http://dx.doi.org/10.32782/2307-1745.2023.66.37.
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Herrenschmidt, Fleur. "The French Competition Council and Parallel Trade in the Pharmaceutical Industry: A Step Ahead of EU Case Law?" World Competition 31, Issue 2 (June 1, 2008): 235–57. http://dx.doi.org/10.54648/woco2008019.
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This article focuses on the French competition authorities’ analysis of the validity, from a competition law perspective, of various distribution policies implemented by pharmaceutical companies in France which aimed to reduce parallel trade. In France, the pharmaceutical sector is notably characterised by: the existence of a specific “export–only” wholesaler status; numerous but imprecise public service obligations on “fullline” wholesalers which in particular require that they permanently supply all pharmacists with all products in a given time period; a strict capping of end retail prices and also of financial advantages (margins, rebates, etc.) which operators on the national market may grant or benefit from; and a quasitotal market transparency (in terms of both prices and volume). In this context, the French competition authorities have considered to be legitimate some of the policies which unilaterally limit parallel trade, in some cases by discriminating between export–only and full–line wholesalers. Although none of the pharmaceutical companies concerned had actually implemented dual pricing policies in France, the Court of Appeal went as far (in anticipation) as validating such policies in principleÐthus following before the issue was even dealt with at European level, the direction that the European Court of Justice has invited the Commission to follow in its recent Glaxo Dual Pricing judgment. The Competition Council, through its various decisions, has now in fact regulated the relationships between the various operators in the market. Its final commitment decisions raise, however, the question of to what extent a competition should be entitled to use commitment procedures as a preventive regulatory tool.
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Kennett, Wendy, Bert van Schaick, Maria José Capelo, Andreas Konecny, Claudia Soher, Isabel Albrecht, Karen Broeckx, Elina Moustaira, and Jean-Claude Wiwinius. "Enforcement of judgments." European Review of Private Law 5, Issue 3 (September 1, 1997): 321–428. http://dx.doi.org/10.54648/167334.
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The present Chronique examines the law on enforcement of judgments in ten European jurisdictions. (The term 'enforcement' rather than 'execution' is used because of the relatively narrow meaning of execution of a judgment within English law.) In the last seven years a number of the jurisdictions under consideration have made more or less extensive revisions of their laws on enforcement of judgments. Most notable is the complete overhaul of the law in France contained in L. 91-650 and D. 92-755. Less complete, but still substantial, revisions have been made in Portugal (Decree law 329-A/95 of 12 December 1995 as modified by Decree law 180/96 of 25 December 1996) and Austria (Exekutionsordnungs Novellen 1991 and 1995). Changes have also been introduced in all of the other laws under consideration. Areas which have attracted reform in several jurisdictions include in particular the specification of the property of the debtor which remains immune from execution, and the obtaining of information from the debtor as to his assets. Clearly the Chronique cannot hope to provide an exhaustive comparison, but it attempts to highlight key similarities and differences in approach that are adopted within Europe. Before looking at the methods of execution themselves, the Chronique deals with a number of preliminary issues. An introductory section sets out the various kinds of obligation that may be recognised in a judgment and provides a brief overview of the different methods of execution that may be employed for each type of obligation. The Chronique then goes on to consider the formal requirements that may need to be satisfied before enforcement of a judgment can take place. It is noted at this point that a judgment is just one form of enforceable title. Other titles are also enforceable under the laws of all states considered, although considerable variations exist as to the types of title that are recognised. The varying approaches of the legal systems under consideration as to provisional enforcement are also considered in this section. If an enforceable title exists, further formal requirements that may have to be satisfied before execution of the judgment can take place include proof of enforceability and service of the judgment. A further preliminary issue is the variety of personnel that may be involved in the enforcement process. Considerable differences between systems exist both as to the allocation of tasks between courts, lawyers and bailiffs, and as to the regulation and training of bailiffs. An important section is devoted to the question of effectiveness of the creditor's title. This involves consideration of the mechanisms available to assist the creditor to find out information about the debtor's assets; the extent to which evasive action on the part of the debtor, by effecting dispositions of property, may be counteracted; the immunities and exemptions recognised by the law of each jurisdiction; and the extent to which measures exist to deal with debtors who have acquired an unmanageable burden of debt. On each issue considerable diversity of approach can be identified, although in relation to assets immune from seizure there is a strong core of shared values. The Chronique then moves on to look at the methods of execution themselves. This part of the Chronique is divided into three sections. It looks first at enforcement of money obligations, through the seizure of movable property, garnishment and seizure of immovable property. It then deals with obligations to perform a certain act or abstain from certain conduct, which are dealt with by mechanisms such as substitute performance, fines, sequestration and imprisonment. The final section concerns obligations to deliver property, which are mainly enforced via seizure of the property and fines. Particular attention is drawn to the differences between legal systems as to the circumstances under which enforcement agents may gain access to the premises of the debtor, the degree of intrusion that may be imposed on third parties, the legal effects of
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Verhofstede, Thibaut. "The Letter of Intent: To Be Bound or Not to Be Bound, that Is the Question." European Review of Private Law 30, Issue 5 (December 1, 2022): 697–730. http://dx.doi.org/10.54648/erpl2022035.
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The letter of intent is a broadly used tool in different negotiations throughout the entire world. The legal implications of these documents however aren’t always clear. Depending on ‘the content of the letter of intent as a whole, in combination with the factual circumstances’, a letter can be solely morally binding, establish some juridically binding obligations or even constitute the envisaged, final agreement. Various research has been conducted on these possible (civil) legal effects. Less clear remains the factual interpretation leading to these legal effects. How do judges interpret ‘the content of the letter as a whole, together with all the factual circumstances’? Essential in this perspective are elements emphasizing a binding intention of the parties, the animus contrahendi. This article contains a concise synopsis of the most prominent case law on the matter in Belgium, France and the Netherlands. In their pursuit for the true intention of the parties involved, courts appear to rely on certain factual indicators. What are those factors, which bearing should be given to them and what perils must negotiators anticipate on?
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Chilson, Gregory. "Parental Corporate Liability as Tort in the United Kingdom Part I: How the Past Informs the Challenge of Contemporary Regulation." Business Law Review 43, Issue 6 (October 1, 2022): 226–36. http://dx.doi.org/10.54648/bula2022036.
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Recent case law in the UK courts has established the possibility for the parent companies of multinational corporations (MNCs) to hold liability in tort negligence for harms caused by their foreign-based subsidiaries. The UK’s approach – a general duty of care for cross-border torts – is noteworthy in that it has developed organically through the common law despite conflicting with established principles of company law. By comparison, European neighbours such as France, Switzerland and Germany have developed statutory regulatory regimes which utilize due diligence obligations that appear more reflective of recent international accountability standards, such as the UN Guiding Principles for Business and Human Rights (UNGPs) of the late John Ruggie. This work serves as an in-depth investigation for scholars of tort law, company law, private international law and human rights, who are interested in understanding this rapidly developing area of practice from an English perspective. This work is offered in two parts. This first part contextualizes the current law within contemporary academic discourse and offers a historically informed explanation for the conceptual underpinnings of the unique approach currently taken within English jurisprudence and their coherence with the broader principles of domestic UK company law. The second part offers an analysis of UK law as it stands including the caselaw that builds the corpus of parent company liability in England and Wales. It analyses how effective the current liabilities identified by the Courts are in securing fair remedy for corporate misfeasance. It identifies and categorizes its key features and contrasts them with comparative elements of statutory due diligence approaches adopted by France and Germany or pursued as in the case of Switzerland. It will finally consider whether they offer any concepts worthy of consideration for the regulation of parent company liabilities in future. Parent Company, Corporate Groups, English Company Law, Human Rights Due Diligence, UNGPs, Okpabi, Vedanta, Mass Torts, Supply Chain Liability, Limited Liability
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Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (February 1, 2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.
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Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
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Expert-Foulquier, Caroline. "Proof of facts in administrative law in France: many ad hoc and ex post rules of evidence, but for how long?" Review of European Administrative Law 17, no. 1 (May 27, 2024): 51–80. http://dx.doi.org/10.7590/187479824x17117014447508.
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In France, general legislative rules of proof of facts between the administrations and the citizens are rare. Nevertheless, there are real obligations for public administrations to base their decisions on factual evidence, and for citizens to provide evidence they hold. The inquisitorial litigation procedure is the main asset of French administrative law because it relieves citizens who take a case to the administrative courts and who do not have all the evidence, some of which is often held by the administrations. Freedom of assessment of evidence is also an important principle which facilitates the administration of evidence for the parties and the judges. However, the disinterest of the legislator with regard to proof in the relations between administrations and citizens can no longer persist in the face of the probative issues raised by digitization and especially big data and artificial intelligence.
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Krzywoń, Adam. "Summary Judicial Proceedings as a Measure for Electoral Disinformation: Defining the European Standard." German Law Journal 22, no. 4 (June 2021): 673–88. http://dx.doi.org/10.1017/glj.2021.23.
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AbstractElectoral disinformation has become one of the most challenging problems for democratic states. All of them are facing the phenomenon of - both online and offline - dissemination of false information during pre-electoral period, which is harmful for individual and collective rights. As a consequence, some European countries adopted special measures, including summary judicial proceedings in order to declare that information or materials used in electioneering are false and to prohibit its further dissemination. There are already three rulings of the ECtHR concerning this expeditious judicial examination provided in the Polish law. In December 2018 France passed complex regulation against manipulation of information that include similar mechanisms. This article, basing on the ECtHR’s case law and some national experiences, attempts to define the minimal European standard for measures targeted at electoral disinformation, especially judicial summary proceeding. It contains the analysis of the notion of electoral disinformation, defines the state’s positive obligations in this sphere, and indicates mayor challenges for the legal framework. The principal argument is that summary judicial proceedings – if adequately designed – cannot be questioned from the Convention standpoint and provide a partial solution to the problem of electoral disinformation.
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Friant, Perrot Marine. "Sécurité sanitaire et référentiels privés des distributeurs: de l'évitement de la responsabilité ŕ la satisfaction des obligations prescrites par la législation alimentaire." AGRICOLTURA ISTITUZIONI MERCATI, no. 1 (April 2009): 73–83. http://dx.doi.org/10.3280/aim2008-001006.
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- The food sanitary requirements are inforcing the relationships between food suppliers and distributors; these requirements are transforming their contractual practices. This article analyses the recent and deep evolution of contracts in the food chain in the light of food safety and liability regulations. It underlines the link between retailers'private standards and the challenge of liability in the UK and in France. The questions are as follows: "does the adoption of private standards reflect the implementation by retailers of a policy to avoid liability? Is the strategy identical in all countries, or does it vary with the differences between the ways legal systems address liability in each EU member nation?" The article will show that the challenges associated with liability cannot alone explain the differences in strategies observed between French and British distributors. For essentially economic reasons, it is the distributors who are the best placed to define food sanitary requirements in the food chain, and to meet obligations arising from European food law. Parole chiave: legislazione alimentare, sicurezza alimentare, contratti, fornitori alimentari, commercianti, responsabilitŕ. Key words: food law, food safety, contract, food suppliers, final retailers, liability.
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Tuenbayeva, Kalima, and Danakul Seitimbetova. "Chronology of copyright development: the history of the formation of the foundations of copyright in the USA, England, France and the Republic of Kazakhstan." Journal of history 113, no. 2 (2024): 73–83. http://dx.doi.org/10.26577/jh.2024.v113i2-06.
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A thorough revision of copyright law is extremely necessary due to a significant increase in the material value of literary and artistic property, as well as serious problems with its protection. The copyright statute encompasses three main copyright policies: copyright must encourage learning to avoid copyright censorship; copyright must protect and expand the public domain; and copyright is to provide public access to copyrighted materials.The main purpose of this article is to study the development of copyright law, the general principles of this topic and the analysis of the sources of copyright law.Currently, digital technologies with their potential for mass dissemination of information have become a catalyst for such profound social changes that it is time to rethink the basics of copyright law as intangible property rights, its evolution and scope, exceptions and limitations, taking into account the modern needs of technological innovation, progress and revolution. Librarians, as information professionals, also have their rights and responsibilities in relation to copyright. The article attempts to study the historical development of the copyright law, as a process of unification and harmonization and its application in the library sphere, the rights and obligations of librarians, as well as restrictions and protection of copyrights.
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Aulois-Griot, Marine. "La mise sur le marché des médicaments à usage pédiatrique dans l’Union européenne et en France : entre incitations et obligations pour l’industrie pharmaceutique." Médecine & Droit 2008, no. 91 (July 2008): 114–20. http://dx.doi.org/10.1016/j.meddro.2008.07.001.
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Khanderia, S. "Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India." BRICS Law Journal 7, no. 3 (October 10, 2020): 52–80. http://dx.doi.org/10.21684/2412-2343-2020-7-3-52-80.
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The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.
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Girich, Maria G., Kristina V. Ivanovicheva, and Antonina D. Levashenko. "Taxation and Social Insurance for Employees of Online Platforms: Comparison of Russian and International Experience." Financial Journal 14, no. 3 (June 2022): 44–60. http://dx.doi.org/10.31107/2075-1990-2022-3-44-60.
Full textAbstract:
The issue of online platforms’ employment is topical due to the emergence of questions of application of labor law, taxation and social insurance to such persons providing services via platforms. The purpose of this article is to develop recommendations regarding the regulation of relations arising between the platform and its employee in Russia, including the application of labor and business legislation, taxation and social insurance of such persons, taking into account the comparison of the legal regulation in Russia and in foreign countries. The methodology of the work is based on a comparative legal analysis of legal documents in foreign countries (Spain, Great Britain, Italy, France) and Russia. One of the international trends in the regulation of employment on online platforms is the application of labor laws to regulate the relationship between the employee and the platform, or the introduction of a special status of a “quasi-employee” with the provision of platforms with certain obligations to ensure the employment rights of employees. In Russia, the legal status of platform employees is not defined, it is not defined, e.g. whether a person is an employee, an entrepreneur, or a legal entity. For tax purposes, platform employees are usually self-employed (professional income taxpayers), so the article compares the approaches to taxation of such employees in Russia and in foreign countries. Furthermore, the selfemployed in Russia cannot pay social insurance contributions; the article discusses the approaches of foreign countries to social insurance of the self-employed, as well as the issue of the emergence of platforms’ obligations for social insurance of their employees, considering the application of labor law to the activities of those platforms.
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Chilson, Gregory. "Part II: Parent Company Liability and the Idea of Statutory Due Diligence." Business Law Review 44, Issue 1 (January 1, 2023): 13–32. http://dx.doi.org/10.54648/bula2023006.
Full textAbstract:
Recent case law in the UK courts has established the possibility for the parent companies of multi-national corporations to hold liability in tort negligence for harms caused by their foreign based subsidiaries. The UK’s approach – a general duty of care for cross-border torts – is noteworthy in that it has developed organically through the common law. One possible tension this duty raises, may be with established principles of company law, affirmed at common law. By comparison, European neighbours such as France, Switzerland and Germany, have addressed the same issue of corporate accountability by developing statutory regulatory regimes which utilize due diligence obligations reflective of the recent trend toward international accountability standards, such as the UN Guiding Principles for Business and Human Rights (UNGPs) of the late John Ruggie. This work serves as an in-depth investigation for scholars of tort law, company law, private international law, and human rights, who are interested in understanding this rapidly developing area of practice from an English perspective. This work is offered in two parts. This second part offers an overview of UK statutory and case law as it may relate to parent company liability. A critical analysis of recent case law, seeks to understand the characteristics of parent company liability, as developed by the Courts in securing fair remedy for corporate misfeasance. With reference to comparative regimes observed in the aforementioned neighbouring European countries, this work further considers what limitations the current law has, and what benefits could be realized through the introduction of reporting requirements. Parent Company, Corporate Groups, English Company Law, Human Rights Due Diligence, UNGPs, Okpabi, Vedanta, Mass Torts, Supply Chain Liability, Limited Liability