Return to search

Etude comparative de la clause penale en droit civil français et en common law

The purpose of this thesis is to examine, from a comparative perspective, the legal treatment of stipulated damages clauses in the common law and in French civil law. First, we will see that this clause has endured a turbulent legal history in both legal traditions. The French civil law and the common law have reflected at great length on the appropriate legal response to such clauses---essentially, on whether, and if so when such clauses should be enforced or prohibited. / Second, this thesis will analyse the practical roles that these clauses have played in the two legal traditions, which will illuminate further differences between their respective approaches. Emphasis will be placed on the difficult question, which has arisen in both legal systems, of defining the notion of stipulated damages clauses and of differentiating them from other institutions, such as deposit clauses. / Third, the evaluation of these two legal systems will facilitate the contention that the approach of the French civil system is, in most cases, preferable to the solution adopted by the common law. Nevertheless, it will be seen that each legal tradition could benefit considerably from careful examination of the other's treatment of these clauses.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30292
Date January 1999
CreatorsDemeyere, Alexandre.
ContributorsSmith, A. S. (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageFrench
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001748133, proquestno: MQ64268, Theses scanned by UMI/ProQuest.

Page generated in 0.0021 seconds