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Record W2902868605

LES PROJETS DE REFORME DU DROIT FRANCAIS DES OBLIGATIONS ET L’INFLUENCE DU DROIT QUEBECOIS

2010· article· fr· W2902868605 on OpenAlexaboutno aff
Philippe Brun

Bibliographic record

VenueThe Canadian Bar Review · 2010
Typearticle
Languagefr
FieldSocial Sciences
TopicLegal and Social Philosophy
Canadian institutionsnot available
Fundersnot available
KeywordsLawPolitical scienceLegislationFrenchImpossibilityCivil codePunitive damagesDamagesCivil law (Civil law)RescissionCivil procedureCommon lawPublic lawHumanitiesPhilosophy
DOInot available

Abstract

fetched live from OpenAlex

To what extent has Quebec’s civil law influenced the preliminary draft legislation to reform France’s law of obligations? On the one hand, Quebec’s experience reminds French jurists that the recodification process takes more than just a day, and that its success even depends on that. On the other hand, the preliminary legislation to reform the law of obligations contains certain provisions where the influence of the Civil Code of Quebec is apparent to a greater or lesser degree, given the impossibility of distinguishing what results from a true direct influence or from kinship, due to our common sources of influence. Out of the profusion of preliminary drafts on the reform of the French law of obligations, some examples would be recourse to the definitions, notably the definition of a contract of adhesion put forth in Article 10 of the Chancellerie’s preliminary draft, the principle of the invalidity of a contract with a prohibited object set out in Article 1413 C.C.Q., the rule on rescission without judicial proceedings found in Article 1605 C.C.Q. and reproduced in Articles 170 of the Catala draft and 109 of the Terre draft, the principle of the right to specific performance set out in Article 1601 C.C.Q., and the single vision of civil liability found in 1458 C.C.Q. Finally, there is one central point which shows an obvious influence from Quebec law, the well-know issue of punitive damages. Regardless, the adoption of new provisions on this matter, which would be the clearest sign of the influence of Quebec law, will be difficult to get through the legislature, as the concept is strongly opposed by certain social interests.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.813
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0030.002
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0020.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.292
Teacher spread0.267 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

Explore more

Same venueThe Canadian Bar ReviewSame topicLegal and Social PhilosophyFrench-language works237,207