PÉLISSIER (Jean) – RELATIONSHIP OBLIGATIONS, Unity or Diversity, Preface by R. Nerson, Private Law Library, vol. XXVIII
PÉLISSIER (Jean) – RELATIONSHIP OBLIGATIONS, Unity or Diversity, Preface by R. Nerson, Private Law Library, vol. XXVIII
PÉLISSIER (Jean) – RELATIONSHIP OBLIGATIONS, Unity or Diversity, Preface by R. Nerson, Private Law Library, vol. XXVIII
    PÉLISSIER (Jean)
    Maintenance Obligations, Unity or Diversity, Preface by R. Nerson, Private Law Library, Vol. XXVIII
Édition :
    Paris
Date :
    1961
    in-8, half green calf (slightly sunned) with corners, author and title gilt on spine with 5 raised bands, top edges gilt, covers preserved, very good condition except for a few rare scuffs, joints slightly marked and edges rubbed, [this thesis comes from the personal library of Henry Solus with an AUTHOR'S INSCRIPTION TO HENRY SOLUS], III-496 p.
    "Mr. Pélissier's study, as Mr. Nerson rightly points out in his preface, constitutes a veritable thesis, which can be summarized as follows. The classical conception of the maintenance obligation is too narrow: it considers as such only the obligation, existing between relatives and the closest in-laws, who have resources, to provide for the needs of those who do not. However, there are other maintenance obligations besides that based on family solidarity. A maintenance obligation exists in all cases where the benefit a person receives is necessary for them to meet their needs (p. 2). It is the role that a claim plays in the estate of its holder that gives this claim its maintenance character." Moreover, the broad interpretation given by case law to Article 581 of the Code of Civil Procedure, which states that “alimony payments awarded by court order” and “sums and pensions for maintenance, even if the will or deed of gift does not declare them unseizable,” can only be understood in this way. Despite the seemingly restrictive terms of this text, which only refers to maintenance claims resulting from a court decision or a gift, the courts consider all claims, regardless of their source, that are necessary to enable the creditor to meet their needs to be unseizable (p. 418 et seq.). (…) This analysis partially renews this classic subject of civil law and marks a lasting milestone in its study.” (P. Kayse, RIDC No. 4/1962, pp. 828–832).

Référence : 4080

Mots-clés : Family Law - Personal Law

Malheureusement, ce livre n'est plus disponible.

Pour être informé lorsque nous recevrons un prochain exemplaire, merci de compléter le formulaire ci-dessous :

5 + 8 =

New acquisitions

1 25
View all