DEJEAN DE LA BATIE (Noël) – APPRECIATION IN ABSTRACTO and APPRECIATION IN CONCRETO IN FRENCH CIVIL LAW, Preface by Henri Mazeaud, Bibl. de droit privé, vol. LVII
DEJEAN DE LA BATIE (Noël) – APPRECIATION IN ABSTRACTO and APPRECIATION IN CONCRETO IN FRENCH CIVIL LAW, Preface by Henri Mazeaud, Bibl. de droit privé, vol. LVII
DEJEAN DE LA BATIE (Noël) – APPRECIATION IN ABSTRACTO and APPRECIATION IN CONCRETO IN FRENCH CIVIL LAW, Preface by Henri Mazeaud, Bibl. de droit privé, vol. LVII
    DEJEAN DE LA BATIE (Christmas)
    APPRECIATION IN ABSTRACTO and APPRECIATION IN CONCRETO IN FRENCH CIVIL LAW, Preface by Henri Mazeaud, Library of Private Law, vol. LVII
Édition :
    Paris
Date :
    1965
    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 a long INSCRIPTION FROM THE AUTHOR TO HENRY SOLUS], II-320 p.
    J. Brethe de la Gressaye, in his note to the RIDC (no. 1/1966, p. 293 et ​​seq.), summarizes the central issue of this thesis as follows: “Ultimately, the law uses both modes of assessment, but while an abstract type of man predominates in the realm of liability in order to ensure security in social relations, consideration of individual factors is essential to protect certain individuals worthy of consideration. This summary cannot possibly do justice to the richness of the analyses in this work, which is a fine example of legal psychology.” While the first part deals with a fairly well-known subject, the notion of evidence, the second part was innovative for its time because, “going beyond the realm of liability, it considers other cases where the problem of assessment arises in abstracto or in concreto, and it reveals that in these instances, the concrete perspective tends to prevail.” Generally speaking, this concerns people who need protection: purchasers in good faith, contracting parties whose consent was vitiated, and creditors of maintenance or damages obligations. Good faith is assessed concretely, while apparent good faith, based on an insurmountable common error, is considered objectively. To determine whether a contracting party's consent was vitiated, their psychology must be analyzed, and it is only in the case of simple error that the subjective perspective is limited so that the annulment does not prejudice the other party.

Référence : 4103

Mots-clés : Civil law

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