scholarly journals La responsabilité civile délictuelle des municipalités en matière d'entretien des rues et des trottoirs pendant l'hiver

2005 ◽  
Vol 23 (1) ◽  
pp. 135-173
Author(s):  
Micheline McNicoll
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Public Law ◽  
The Other ◽  
Boundary Line ◽  
Court Decisions ◽  
Private Law ◽  
Considerable Influence ◽  
Public And Private ◽  
Proper Understanding

An exhaustive review of our case law is required for a proper understanding of municipalities' civil liability for offences and quasi-offences. It appears indeed that there is no other alternative since, on one hand, the legislator is mute on number of important relevant questions and, on the other hand, municipalities, are governed by rules of public law. Our review covering a period of about eighty years, contains an analysis of the three « schools of thought » that succesively exerciced considerable influence upon our court decisions. The different « schools of thought » naturally emerged from the constant opposition of public and private law divided by a boundary line subject to fluctuation.

The “Frontier” According to Paul de La Pradelle

2020 ◽  
Vol 2 (1) ◽  
pp. 130-134
Author(s):  
Benjamin Perrier
Keyword(s):  
Legal Theory ◽  
Public Law ◽  
Boundary Line ◽  
Private Law ◽  
Public And Private ◽  
Object Of Study

Essential author on the “frontier”, Paul de Geouffre de La Pradelle is known for his original legal theory. The author distinguishes between “delimitation” (which is a boundary-line) and “frontier” (which is a zone of cooperation). He also distinguishes what he calls the “national frontier” (“object of study of domestic public law”) and the “international frontier” (“object of study of international public and private law”).

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

Political Contracts

1992 ◽  
Vol 26 (4) ◽  
pp. 461-498 ◽  
Author(s):  
Itzhak Zamir
Keyword(s):  
Public Opinion ◽  
Case Law ◽  
Public Law ◽  
Private Law ◽  
The Subject

A new creature has been welcomed into Israel's family of law. While some refer to it as a political agreement, and others a public agreement, I prefer to call it a political contract.It was greeted with curiosity, suspicion, and even disapproval. And, although much has been written about it of late, its character has as yet to be determined. What distinguishes it from other agreements? Is it legally binding, or does it merely draw upon the force of public opinion? Is it justiciable? If binding, does it fall within the scope of private law or of public law? And what consequences attach to breach of the agreement?In this article, I will examine the primary questions regarding political agreements, present the existing case law and opinions, and express my views on the subject.

The changing face of private law: doctrinal categories and the regulatory state

Legal Studies ◽  
1982 ◽  
Vol 2 (3) ◽  
pp. 257-268 ◽  
Author(s):  
N. E. Simmonds
Keyword(s):  
Legal System ◽  
Public Law ◽  
Private Law ◽  
Regulatory State ◽  
Public And Private ◽  
University Curricula

Legal scholars over the last 25 years or so have experienced a growing sense of dissatisfaction with the traditional classifications that segment university curricula and legal textbooks. Contract and tort, for instance, are felt to be not so different after all. The intimate historical links between the tort of negligence and the action of assumpsit may be seen as reflecting the realitics more truly than the later doctrinal separation of voluntarily and involuntarily incurred obligations. The growing impact of public law on the exercise of privatc rights, and the interweaving of public and private law that runs through an evcn greater portion of the legal system, cause still more fundamental doubts.

PRIVATE COMMERCIAL LAW CONVENTIONS AND PUBLIC AND PRIVATE INTERNATIONAL LAW: THE RADICAL APPROACH OF THE CAPE TOWN CONVENTION 2001 AND ITS PROTOCOLS

2016 ◽  
Vol 65 (3) ◽  
pp. 523-540 ◽  
Author(s):  
Roy Goode
Keyword(s):  
International Law ◽  
Public Law ◽  
Vienna Convention ◽  
Private Law ◽  
Private International Law ◽  
Commercial Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Domestic Law ◽  
Radical Approach

It is a remarkable circumstance that with a few honourable exceptions all writers on international law in general and treaty law in particular focus exclusively on public law treaties. Private law conventions, including those involving commercial law and the conflict of laws, simply do not come into consideration. Yet such conventions, like public law conventions, are treaties between States and are governed by the 1969 Vienna Convention on the Law of Treaties and many of them are of great significance. Their distinguishing feature is, of course, that while only States are parties, private law conventions deal primarily, and often exclusively, with the rights and obligations of non-State parties. So while the treaty is international it does not for the most part commit a Contracting State to any obligation other than that of implementing the treaty in domestic law by whatever method that State's law provides, if it has not already done so prior to ratification.

15. Challenging Governmental Decisions: The Process

2021 ◽  
pp. 405-427
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Administrative Law ◽  
Public Law ◽  
Family Practitioner ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Technical Area ◽  
Legal Procedures

This chapter examines the legal procedures an applicant must follow when challenging a government decision and explores how court decisions in this nominally very technical area of administrative law can have profound implications for the meaning in practical terms of such broad constitutional principles as the rule of law and the sovereignty of Parliament. The chapter begins by examining the historical duality with English administrative law of the mechanism through which citizens might question the lawfulness of government action. The chapter then continues to cover the case of Barnard v National Dock Labour Board; the Order 53 reforms; the case of O’Reilly v Mackman (1982); the post-O’Reilly case law; the case of Roy v Kensington and Chelsea and Westminster Family Practitioner Committee; and public law principle as a defence in criminal proceedings.

16. Breach of Statutory Duty

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Social Welfare ◽  
Common Law ◽  
Civil Liberties ◽  
Civil Liability ◽  
Case Law ◽  
Public Law ◽  
Industrial Safety ◽  
Workplace Injuries ◽  
Statutory Duty ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the action for breach of statutory duty, an action in tort meant to remedy harm caused by a breach of the duty. It first considers the distinctiveness of the tort of breach of statutory duty, with particular reference to the question of whether the breach gives rise to liability at common law. It then looks at case law involving civil liability for breach of industrial safety, citing Groves v Wimborne (Lord) [1898] 2 QB 402 and its significance in the context of workplace injuries. It also discusses cases dealing with ‘social welfare’ legislation and ‘public law duties’ as well as civil liberties before concluding with an assessment of the effect of the restrictive approach to the action for breach of statutory duty on the tort of negligence.

10. Judicial review: access to review and remedies

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Public Law ◽  
Private Law ◽  
Legal Basis ◽  
Legal Requirements ◽  
The Public ◽  
Meaning And Purpose

This chapter provides an introduction to judicial review and its various features and requirements. It starts by exploring the meaning and purpose of judicial review, explaining the particular functions of the courts and the jurisdiction that justifies their scrutiny of administrative matters. It then sets out the legal basis for judicial review and the process through which applications proceed, which while rooted in statute, has developed incrementally through both case law and the 1998 Woolf Reforms. The chapter considers issues relating to access to review, exploring the legal requirements that must be fulfilled before an application for judicial review can be entertained by the Administrative Court. This includes a discussion of standing, which determines who can bring a claim, and consideration of the issues relating to the public law/private law divide, which concerns against whom a claim can be brought and the matter upon which that claim can be founded.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

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