LEVENEUR (Laurent) – FACTUAL SITUATIONS AND PRIVATE LAW, Preface by Michelle Gobert, Private Law Library, vol. 212
LEVENEUR (Laurent) – FACTUAL SITUATIONS AND PRIVATE LAW, Preface by Michelle Gobert, Private Law Library, vol. 212
    LEVENEUR (Laurent)
    FACTUAL SITUATIONS AND PRIVATE LAW, Preface by Michelle Gobert, Private Law Library, vol. 212
Édition :
    Paris
Date :
    1990
    in-8, paperback, AUTHOR'S INSCRIPTION, very good condition, XVIII-490 p.
    Jean Carbonnier summarizes the author's work thus: "Rigorous method, doctrinal firmness—this is the book of an excellent jurist, with a lively pen." He continues, "Mr. Leveneur's work does not present itself as an exhaustive inventory… The selection having been made, here it is, as the chapters unfold: 1. De facto guardianship; 2. De facto management of a private legal entity; 3. Appearance (despite the possible analogy of effects to possession: ex facto oritur jus); 4. The de facto situation that emerges from the ruins; 5. De facto separation; 6. De facto marriage, also known as cohabitation (although sexual union is not a fact like any other); 7. The de facto company. This gives us a series of in-depth monographs, each of which would have sufficed as an interesting thesis. The synthesis is achieved." This is accomplished through a classification that is itself already a thesis, a synthesis thesis. The first four situations have this in common: their consideration (meaning, above all, by case law) contributes to the proper functioning of the positive legal order, sometimes by reinforcing its effectiveness (situations 1 and 2), sometimes by relaxing its rules (situations 3 and 4), which gives us two subgroups. The last three situations, on the contrary, are disruptive to the legal order and are denounced as such. This classification according to the merits or demerits of factual situations with regard to the law has undeniable practical value: it is an implicit piece of advice addressed to the interpreter and even the legislator” (RIDC, no. 3/1991, p. 741).

Référence : 40191

Mots-clés : Family Law - Personal Law

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