LESSERVOISIER (Yves) – CIVIL LIABILITY ARISING FROM THE FREE TRANSPORTATION OF PERSONS IN FRENCH AND ENGLISH LAW, Preface by Berthold Goldman, Private Law Library, vol. LXXI
LESSERVOISIER (Yves) – CIVIL LIABILITY ARISING FROM THE FREE TRANSPORTATION OF PERSONS IN FRENCH AND ENGLISH LAW, Preface by Berthold Goldman, Private Law Library, vol. LXXI
LESSERVOISIER (Yves) – CIVIL LIABILITY ARISING FROM THE FREE TRANSPORTATION OF PERSONS IN FRENCH AND ENGLISH LAW, Preface by Berthold Goldman, Private Law Library, vol. LXXI
    LESERVOISIER (Yves)
    CIVIL LIABILITY ARISING FROM THE FREE TRANSPORTATION OF PERSONS IN FRENCH AND ENGLISH LAW, Preface by Berthold Goldman, Private Law Library, vol. LXXI
Édition :
    Paris
Date :
    1966
    , half green calf (slightly sunned) with corners, author and title gilt on spine with 5 raised bands, gilt top edges, 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], 207 p.
    "Throughout a meticulous, point-by-point comparison of these two vastly different legal systems, the author demonstrates a very sound comparative method. He establishes how the solutions are fundamentally similar in French and English law. His profound knowledge of English law enables him to undertake the difficult task he has set himself. Paradoxically, English law is primarily shaped by legislation, while French law is largely the product of case law, or, one might say, legal scholarship. In France, we have little reason to be proud of our tort law; it leads to dead ends on the problem studied by Mr. Leservoisier, particularly in cases where an accident involving a passenger who was transported voluntarily is caused by a collision with another vehicle. The French solution is flawed; it is flawed from the outset, because the problem is insoluble." English law, which lacks anything equivalent to our Article 1384, is less troubled in providing a humane solution. The discussion of the distinction between the invitee and the licensee, which serves in English law to define the concept of free transport, will be of interest. [René Rodière, RIDC, 1967, no. 19-2, pp. 535-536]

Référence : 4114

Mots-clés : Civil liability, Comparative law

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