MARKOVITS (Yvan) – EEC DIRECTIVE OF 25 JULY 1985 ON LIABILITY FOR DEFECTIVE PRODUCTS, Preface by Jacques Ghestin, Private Law Library, vol. 211
MARKOVITS (Yvan) – EEC DIRECTIVE OF 25 JULY 1985 ON LIABILITY FOR DEFECTIVE PRODUCTS, Preface by Jacques Ghestin, Private Law Library, vol. 211
MARKOVITS (Yvan) – EEC DIRECTIVE OF 25 JULY 1985 ON LIABILITY FOR DEFECTIVE PRODUCTS, Preface by Jacques Ghestin, Private Law Library, vol. 211
    MARKOVITS (Yvan)
    EEC DIRECTIVE OF 25 JULY 1985 ON LIABILITY FOR DEFECTIVE PRODUCTS, Preface by Jacques Ghestin, Private Law Library, vol. 211
Édition :
    Paris
Date :
    1990
    in-8, br., (cover slightly faded, library marks), good condition, XII-415 p.
    André Tunc writes the following in his bibliographical note: “One could hardly wish for a more profound and clearer study. Its structure is simple: it comprises two parts, one devoted to the drafting of the directive and the other to its content. It is no surprise that the drafting of the directive occupies an entire section. This is essential for understanding the text. Given the leading role played by American law in this matter, it was necessary to present its development and emphasize that, despite its well-known peculiarities, it nonetheless addressed needs also felt in Europe. It was also necessary to discuss the Strasbourg Convention, a work that was more or less stillborn, but which the author nonetheless considers the historical and technical source of the directive. Furthermore, before any more detailed analysis, it was necessary to examine the economic, legal, and social foundations of the directive, particularly from the perspective of the Community authorities, and finally, the technical aspects of the directive.” The second part of the work, devoted to the content of the directive, may perhaps surprise the foreign reader unfamiliar with the French traditions to which the best students are keen to adhere. They may find it strange that two successive sections are dedicated to the legal framework of liability actions and their legal nature. However, it must be acknowledged that this structure, intellectual or artistic as it may seem, allows for an in-depth and perfectly clear examination of the most concrete questions that the authors of the directive had to resolve and that will arise during its application: in particular, those arising from the concepts of defect, placing on the market, incorporation, or development risk. (RDIC, no. 3/1990, p. 1052 et seq.).

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