The author of this thesis undertakes to compare the role of silence in the Civil and Common law of contracts. This thesis demonstrates that these two legal systems, which had at first ignored silence, have reined it in to an increasingly greater degree by objectifying it. This paper's purpose is thus not only to comparatively assess the role of silence through the various phases of the contract, where this process of objectivization occurs, but also to examine the reasons behind this process. Lastly, it will examine the direction the process takes. / The scope of silence being indefinite, it would be unreasonable to imagine its complete objectivization. Nevertheless, the parallel processes in both the Common and the Civil law will have to evolve further in order to allow silence to take on a greater role in Contracts. The succes of such an evolution, in either system, will no doubt result from a comparative approach of this phenomenon.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.60669 |
| Date | January 1991 |
| Creators | Boyer, Olivier Frédéric. |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001265322, proquestno: AAIMM74507, Theses scanned by UMI/ProQuest. |
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