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UID:20260805T065328EDT-7960kXSMfg@132.216.98.100
DTSTAMP:20260805T105328Z
DESCRIPTION:This conference has been accredited by the Barreau du Québec fo
 r\n1.5 hours of continuing legal education. Activity no. 10042873.\nAbstra
 ct\nThe aim of the presentation is to focus on the absence of\nremedies an
 d the pre-eminence of rights in civil law. More\nprecisely\, we need to ex
 plore whether it is the concept of\nremedies that is lacking in civilian l
 aw (with a focus on French\nlaw)\, or just the language of remedies. Dr Se
 fton-Green's working\nhypothesis is that the concept is missing\; civil la
 w does not think\nin terms of remedies\; there is no legal categorization 
 of remedies.\nIf this is so\, the gap is conceptually embedded and is not 
 just a\nquestion of language.\nFurthermore\, if remedies are absent\, what
  does this tell us\nabout the nature of rights (droits subjectifs) in civi
 l\nlaw? Can inferences be drawn about the relationship between rights\nand
  obligations? If remedies are absent\, does this mean that wrongs\nare abs
 ent as well? Or is there a way to square the circle?\nFinally\, the quest 
 for remedies in civil law is inevitably\nlinked to an enquiry into the dua
 l relationship between the parties\n(and their respective rights) in priva
 te law and the triangular\nrelationship between the parties and the judge.
  The pre-eminence of\nrights and the absence of remedies in civil law\, pa
 ralleled by the\npresence of remedies in the common law\, will impact on t
 hese two\nrelationships.\nAbout the speaker\nRuth Sefton-Green is qualifie
 d as a solicitor\nin England and an avocate in France. She is Maître de\nc
 onférences of comparative private law at the École de\ndroit de la Sorbonn
 e\, Université Paris 1 (Panthéon-Sorbonne)\nwhere she obtained her doctora
 te (PHD\, 1997) and attached to the\ncomparative law research centre UMR d
 e droit comparé de\nParis. She will be a Visiting Professor (Wainwright Se
 nior\nFellow) at 91Ë¿¹ÏÊÓƵ for the winter semester 2012.\nShe teaches mainly 
 the comparative law of obligations and\nintroduction courses to foreign le
 gal systems using comparative law\nmethodology. Her thesis La notion d'obl
 igation fondamentale:\ncomparaison franco-anglaise (LGJD\, 2000) was award
 ed the\nLevy-Ullmann prize for comparative law. She has also published\, a
 s\neditor\, a book in the Common Core of European Private Law series:\nMis
 take\, Fraud and Duties to Inform in European Contract\nLaw (Cambridge Uni
 versity Press\, 2005)\, republished in\npaperback (Cambridge University Pr
 ess\, 2008). She has participated\nas a reporter in other Common Core of E
 uropean Private Law volumes\nand as an active member of the Study Group fo
 r Social Justice in\nEuropean Private Law\, whose manifesto was published 
 in the\nEuropean Law Journal (2004) and translated in the\nRevue trimestri
 elle de droit civil (2005).  She has\npublished numerous articles\, singly
  and collectively\, in French and\nEnglish law books and periodicals on th
 emes and issues relating to\ncomparative law in general\, the comparative 
 law of obligations and\nEuropean private law.\n
DTSTART:20120323T163000Z
DTEND:20120323T180000Z
LOCATION:Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 3644 rue Peel
SUMMARY:Why remedies is not a legal subject in civil(ian) law?
URL:/channels/event/why-remedies-not-legal-subject-civ
 ilian-law-177402
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