CADRÈS (Émile) – THE CIVIL CODE HARMONIZED WITH COMMERCIAL LAW, Follow

CADRÈS (Émile)

THE CIVIL CODE HARMONIZED WITH COMMERCIAL LAW, Followed by a commentary on the commission contract

Édition :

Paris

Date :

1845

in-8, brown half-leather, gilt title on smooth spine decorated with gilt fillets, speckled edges, (binding rubbed with some scuffs, corners rubbed, rare foxing in the interior), XVIII-339 p.

In 1844, Émile Cadrès published a Code of Commercial Procedure which, "inspired by the otherwise quite accurate observation that the twenty-nine articles of the Code of Procedure that comprise the section on procedure before commercial courts are far from containing all the formalities to be observed for initiating and adjudicating a case before consular courts, aimed to highlight the numerous borrowings that must be made from the various provisions that constitute civil procedure in order to have a complete system of commercial procedure. It was the codification of the articles of the Code of Procedure applicable to commercial matters, the creation of a Code of Procedure specific to commercial jurisdiction. The usefulness of such a work could not escape anyone. Which articles of the Code of Procedure are applicable before commercial courts? How is their application modified before these courts where the public prosecutor is absent and before which the intervention of solicitors is prohibited?" These questions arise constantly in practice; therefore, providing the solution was a service to practitioners, and indeed to science itself. Mr. Émile Cadrès's book was thus assured of success. But this book naturally called for a complement. While, in principle, all the provisions of the Civil Code are generally applicable to merchants, some of these provisions, scattered throughout the Code, are nevertheless subject to exceptions, whether the exception arises explicitly or implicitly from the Commercial Code, or whether it has been established by custom and case law. Now, having created a Code of Procedure for the use of merchants, it was only natural to create a Civil Code for their use as well. This is what Mr. Émile Cadrès attempted in the book we are announcing today, and the author summarizes the book's concept with a single phrase that precisely indicates its purpose and scope: "We wanted," he says, "to compose a work on the Civil Code that would be, in relation to it, what the legislator intended to do for the Code of Procedure in Title 25 of that Code, entitled: 'On Procedure before the Commercial Courts.'" In its execution, Mr. Émile Cadrès followed the only possible path: that is to say, he selected, from among the provisions of the Civil Code, those whose application had received, either from the Commercial Code, or from case law or custom, a modification specific to merchants. This was solely to avoid, or at least to mitigate as much as possible, the kind of disjointedness that could have resulted from the sudden transition from one provision to a new provision adopted in a different line of reasoning. The author has prefaced each article with a succinct summary of the principles relating to what precedes it. We, for our part, have found in the work on the Civil Code the same usefulness that is evident in the author's similar work on the Code of Procedure; and we draw your particular attention to this in the eyes of legal scholars and practitioners. (Revue de législation et de jurisprudence, May-August 1845, p. 125 et seq.).

Référence : 53412

160,00 €

Mots-clés : Civil Code, Commercial Law - Companies - Business Law