, (Tort Obligations in English, German and French Law)

2016 ◽  
Author(s):  
Vadim Krylov ◽  
A V Kurazhov ◽  
Aleksander Konstantinovich Romanov ◽  
Vera Radchenko
Keyword(s):  
French Law

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

Abortion and Judicial Review of Statutes

1977 ◽  
Vol 12 (1) ◽  
pp. 15-31 ◽  
Author(s):  
Ernst Livneh
Keyword(s):  
Federal Republic ◽  
Judicial Review ◽  
German Law ◽  
Reform Movement ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
French Law ◽  
The West

It is difficult to see the connection between these two topics, but on 25 February 1975 the Constitutional Court of the Federal Republic of Germany gave a decision of great importance in both fields, and although Israel adheres to another system of law, in the opinion of the writer, this decision is of great interest here too.The amendment of the German law relating to abortions, whose constitutionality was examined in the judgment mentioned, is part of a reform movement spreading from Europe to the Americas in the West and to Russia, India and Singapore in the East. It began to have influence upon legislation between the two wars (Russia 1920, Scandinavia and Switzerland in the 1930's), but gathered momentum particularly during the last decade (one of the earlier laws in this series is the English Abortion Act, 1967; one of the latest, the French Law of 17 January 1975).

scholarly journals End of life in the intensive care unit: should French law be adapted?

2014 ◽  
Vol 4 (1) ◽  
pp. 6 ◽  
Author(s):  
René Robert ◽  
Laurence Salomon ◽  
Lise Haddad ◽  
Jean-Pierre Graftieaux ◽  
Béatrice Eon ◽  
...  
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
End Of Life ◽  
French Law

scholarly journals Husband and Wife under French Law: Past, Present, Future

1956 ◽  
Vol 104 (8) ◽  
pp. 1064 ◽  
Author(s):  
André Tunc ◽  
Andre Tunc
Keyword(s):  
French Law ◽  
Husband And Wife

Noțiune, obiect și mijloace de protecție, în dreptul penal francez, a diferitelor fațete ale proprietății

2020 ◽  
Vol 2019 ◽  
pp. 59-65
Author(s):  
Paul CAZALBOU ◽  
Keyword(s):  
Nineteenth Century ◽  
French Law ◽  
The Relationship ◽  
Shed Light

The penal protection of property in French law based on texts dating back to the nineteenth century has been largely renewed in recent years. This intervention is intended to shed light on the relationship that may exist between property in the civil sense and the penal protection it enjoys. Concept, object and means of this protection then draw a model of property in the penal sense which is not always in agreement with its civilistic conception.

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