BUFFELAN-LANORE (Yvaine) – ESSAY ON THE NOTION OF LAPSE OF LEGAL ACTS IN CIVIL LAW, Preface by Pierre Hébraud, Bibl. de droit privé, t. XLIII
BUFFELAN-LANORE (Yvaine) – ESSAY ON THE NOTION OF LAPSE OF LEGAL ACTS IN CIVIL LAW, Preface by Pierre Hébraud, Bibl. de droit privé, t. XLIII
    BUFFELAN-LANORE (Yvaine)
    ESSAY ON THE NOTION OF LAPSE OF LEGAL ACTS IN CIVIL LAW, Preface by Pierre Hébraud, Bibl. de droit privé, t. XLIII
Édition :
    Paris
Date :
    1963
    in-8, paperback, uncut, (cover slightly sunned in margin and on spine), good condition, VII-176 p.
    “With this work, Ms. Buffelan-Lanore has filled a gap. Until now, the concept of lapse had only been examined incidentally in discussions of the various fields to which it applies; the notion itself had never been the subject of systematic study. The subject presented a twofold difficulty: first, because of its scope, as lapse is encountered in all areas, in public law as well as civil law, international law as well as procedure; second, because of its imprecision, since, among the various forms of ineffectiveness, lapse is not as clearly distinguished from related concepts. Ms. Buffelan-Lanore has undertaken the task of defining it more precisely and, to this end, with the utmost rigor, she has chosen to limit her research to civil law, retaining only the most authoritative studies. The first of the two parts that make up the work is purely descriptive.” The various manifestations of lapse in matters of legacies, matrimonial gifts, inheritances by ascendants, substitutions, offers, or promises of contract are systematically examined by Ms. Buffelan-Lanore from several perspectives. In the first section, she considers, in these cases, the causes likely to lead to lapse: those manifested in the person of one of the parties—predecease, incapacity, bankruptcy, renunciation—and those related to the act itself—disappearance of the object of the act and the disappearance of its cause. In the second section, she studies the effects of lapse, namely, its absolute ineffectiveness for the future and the absence of retroactivity. More specifically, she focuses on determining who benefits from the lapse and what happens to the obligations and clauses accompanying the lapsed legacy. (…) The work (…) undoubtedly has the merit of being, within its limitations, rigorously clear. » (Catherine Quiers, RIDC, n° 4/1964, p. 834-835).

Référence : 50935

Mots-clés : Civil law

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