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Filling a gap in the understanding of private law, this book identifies the ways in which private law is deeply affected by insurance, and provides a structured exploration and interpretation of the ways in which insurance influences private law. It aims to change existing opinions about the limited theoretical importance of insurance, and to equip lawyers in general with the understanding of insurance contracts that they need in order to appreciate the public andprivate role of insurance more fully.
The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Published with the Centre for Commercial and Property Law, QUT.This book focuses on the commercial advantage which information gives to business and the circumstances in which obligations to disclose may arise which erode that advantage. The term 'business' is used broadly to cover persons and corporations who undertake an occupation, profession or trade 'carried on in an organised way for the purpose of profit or gain'. The five parts of the book cover:disclosure obligations arising pursuant to imposed standards of conduct; disclosure of information to the government and its consequences; disclosure obligations of companies incorporated under the Corporations Law which arise under that law; and protecting and limiting disclosure of business information, particularly in the context of employment contracts and including the drafting of confidentiality clauses.
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
This book provides a much-needed analysis of this very important subject for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means. This book is the first published in England to devote itself to a detailed analysis of the choice of laws rules in the E.C. Insurance Directives. The private international law rules of the E.C. Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform are suggested.
This monograph is practically oriented, presenting a survey and explanation of credit insurance services for protection of short-term trade receivables primarily against commercial risk of insolvency and protracted default. The subject matter (i.e., main functions, features and principles of credit insurance with detailed description of credit insurance coverage, insurance conditions, and credit insurance policy management) follows procedural stages and presents commercial, financial, legal, and practical points of view which emphasize the needs of both the providers of these services and their clients – existing and potential credit insured companies – as well as other practitioners. Explains how credit insurance has changed from an esoteric type of property insurance into a flexible and frequently used credit risk mitigation tool used on a global basis Compares credit insurance with self-insurance and equivalent substitutes Describes the types of insurance available and how to obtain and manage credit insurance policies

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