LOMBOIS (Jean-Claude) – ON THE INFLUENCE OF HEALTH ON THE EXISTENCE OF CIVIL RIGHTS, Preface by Jean Carbonnier, Bibl. de droit privé, vol. XLVIII
LOMBOIS (Jean-Claude) – ON THE INFLUENCE OF HEALTH ON THE EXISTENCE OF CIVIL RIGHTS, Preface by Jean Carbonnier, Bibl. de droit privé, vol. XLVIII
LOMBOIS (Jean-Claude) – ON THE INFLUENCE OF HEALTH ON THE EXISTENCE OF CIVIL RIGHTS, Preface by Jean Carbonnier, Bibl. de droit privé, vol. XLVIII
    LOMBOIS (Jean-Claude)
    ON THE INFLUENCE OF HEALTH ON THE EXISTENCE OF CIVIL RIGHTS, Preface by Jean Carbonnier, Library of Private Law, vol. XLVIII
Édition :
    Paris
Date :
    1963
    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], 345 p.
    "It is indeed true, as the author writes in the opening lines of this book, that health and illness occupy little space in works of civil law and, apart from specific texts of modern legislation, in our codes themselves. Should we be so surprised by this, and is it not, all things considered, quite normal? This is the main merit of MJ-Cl." Lombois, in any case, demonstrates throughout the 337 pages he devoted to this subject why and how civil law, with regard to the state of health or illness of natural persons, only shows an “interest” compensated by an equal dose of “indifference,” in the sense that this interest leads to providing the sick person with the means to control their illness, but that, as a simple legal fact, this illness cannot, for all that, engender a general incapacity, nor justify the development of a “status of the sick,” an ideal which, contrary to this thesis, some nevertheless propose to perfect, in a way, the structures of “Social Security” in an era where man is increasingly threatened in his body and mind. The author also proposes several developments marked by clear contemporary relevance, such as the refusal of treatment, euthanasia, and the "will, momentarily diminished or forever weakened when illness is 'the prelude to death'"... "The great appeal of MJ-Cl. Lombois's thesis lies in the fact that, by presenting fundamental institutions, well-known legal rules, and established legal solutions, but in a harsh, even cruel, and original light, it compels the reader to examine, without illusion, some of the most serious problems facing jurists at a time when the future of the human person is the stake in so many contradictory and uncertain struggles." (Louis Kornprobst, RIDC, no. 4/1964, p. 866 et seq.)

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Mots-clés : Civil Law, Family Law - Law of Persons, Human Person

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