TANAGHO (Samir) – ON JUDICIAL OBLIGATION. A MORAL AND TECHNICAL STUDY OF CONTRACT REVISION BY THE JUDGE, Preface by Pierre Raynaud, Private Law Library, vol. LXIV
TANAGHO (Samir) – ON JUDICIAL OBLIGATION. A MORAL AND TECHNICAL STUDY OF CONTRACT REVISION BY THE JUDGE, Preface by Pierre Raynaud, Private Law Library, vol. LXIV
TANAGHO (Samir) – ON JUDICIAL OBLIGATION. A MORAL AND TECHNICAL STUDY OF CONTRACT REVISION BY THE JUDGE, Preface by Pierre Raynaud, Private Law Library, vol. LXIV
    TANAGHO (Samir)
    ON JUDICIAL OBLIGATION. A MORAL AND TECHNICAL STUDY OF CONTRACT REVISION BY THE JUDGE, Preface by Pierre Raynaud, Private Law Library, vol. LXIV
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 an AUTHOR'S INSCRIPTION TO HENRY SOLUS], XII-226 p.
    "The book's subtitle explains the term. What the author calls 'judicial obligation' is the obligation that arises once the contract has been revised by the judge. We mention it in this comparative law review because it includes some rather brief discussions on the judge's powers of revision in French and Egyptian law. The rest of the book contains an interesting chapter in which the author examines the contract in relation to various philosophies, from Plato to Kant, and then in post-Kantian philosophy, which leads him to Sartre. From this overview, the author concludes that a contract only exists through justice, because it is presumed just, and not because it is intentional. Hence the consequence that if it is unjust, the judge must be able to revise it. But one truly wonders, in the name of what, in a non-totalitarian economy! When a contract is revised, it is no longer the original contract." The author sees novation as the legal phenomenon that accounts for this transformation. But another question arises: is this novation anything more than an explanatory device? One is inclined to believe otherwise when one reads that the obligation not to harm one's neighbor only enters practical life through novation: “the obligation to pay compensation arising from the judgment will replace the obligation to repair the damage, arising from the tort” (p. 115). A third chapter scrutinizes the judgment as the source of the obligation; a fourth examines the applications, analysis, and effects of the judgment that creates the obligation. One is left wanting more. For if the judicial obligation is an autonomous legal concept, it must have a distinct status; its non-performance must give rise to a special sanction; its nullity is perhaps inconceivable… So many unanswered questions for which one would search in vain. That said, the work demonstrates extensive reading and a pronounced taste for legal analysis. It helps to raise many questions. (René Rodière, RIDC, no. 3/1966, p. 783).

Référence : 4109

Mots-clés : Law of Obligations - Treatise on Contracts, Civil Procedure, Enforcement, Role of the Judge

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