GENICON (Thomas) – TERMINATION OF CONTRACT FOR NON-PERFORMANCE, Preface by Laurent Leveneur, Private Law Library, vol. 484
GENICON (Thomas) – TERMINATION OF CONTRACT FOR NON-PERFORMANCE, Preface by Laurent Leveneur, Private Law Library, vol. 484
    GENICON (Thomas)
    TERMINATION OF CONTRACT FOR NON-PERFORMANCE, Preface by Laurent Leveneur, Private Law Library, vol. 484
Édition :
    Paris
Date :
    2007
    in-8, paperback, AUTHOR'S INSCRIPTION, very good condition, XII-826 p.
    Contract termination can be decided when one of the parties fails to fulfill its obligations. Paradoxically, the mechanism is perhaps too familiar to be truly understood. Whether it concerns the concept itself, the conditions, or the effects of termination, there is no aspect of it that does not raise serious questions. But if it warrants extensive study today, it is hardly to propose a complete overhaul. In its fundamental logic, French law on termination deserves to be maintained as it stands today, which is not a given for a significant portion of legal scholars. Therefore, a more modest effort of study, explanation, justification, and, where appropriate, new proposals, is needed to shed light on a mechanism whose complexities are not always apparent. To undertake this task, we must somewhat set aside the traditional question of the basis for termination and acknowledge that it refers much more to an act of "dismissal" of the contract than to its complete annulment. From this perspective, termination is essentially conceived as a highly targeted instrument, presenting a plurality of functions: economic, guarantee, and penal, the practical application of which remains to be explained. It is the daily, and primarily judicial, use of termination that must be examined in all its facets in order to outline, as far as possible, the "code of action" for a mechanism whose practical significance is no less considerable than its theoretical value.

Référence : 40295

Mots-clés : Law of Obligations - Treatise on Contracts

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