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The Experience of the French Civil Code
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 20 Number 2 Article 3 Winter 1995 Codes as Straight-Jackets, Safeguards, and Alibis: The Experience of the French Civil Code Oliver Moreleau Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Oliver Moreleau, Codes as Straight-Jackets, Safeguards, and Alibis: The Experience of the French Civil Code, 20 N.C. J. INT'L L. 273 (1994). Available at: https://scholarship.law.unc.edu/ncilj/vol20/iss2/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Codes as Straight-Jackets, Safeguards, and Alibis: The Experience of the French Civil Code Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol20/ iss2/3 Codes as Straight-Jackets, Safeguards, and Alibis: The Experience of the French Civil Code Olivier Moriteaut I. Introduction: The Civil Code as a Straight-Jacket? Since 1789, which marked the year of the French Revolution, France has known no fewer than thirteen constitutions.' This fact is scarcely evidence of political stability, although it is fair to say that the Constitution of 1958, of the Fifth Republic, has remained in force for over thirty-five years. On the other hand, the Civil Code (Code), which came into force in 1804, has remained substantially unchanged throughout this entire period. -
Use the Force? Understanding Force Majeure Clauses
Use the Force? Understanding Force Majeure Clauses J. Hunter Robinson† J. Christopher Selman†† Whitt Steineker††† Alexander G. Thrasher†††† Introduction It has been said that, sooner or later, everything old is new again.1 In the wake of the novel coronavirus pandemic (COVID-19) sweeping the globe in 2020, a heretofore largely overlooked and even less understood nineteenth century legal term has come to the forefront of American jurisprudence: force majeure. Force majeure has become a topic du jour in the COVID-19 world with individuals and companies around the world seeking to excuse non- † B.S. (2011), Auburn University; J.D. (2014), Emory University School of Law. Hunter Robinson is an associate at Bradley Arant Boult Cummings LLP. Hunter is a member of the firm’s litigation and banking and financial services practice groups and represents clients in commercial litigation matters across the country. †† B.S. (2007), Auburn University; J.D. (2012), University of South Carolina School of Law. Chris Selman is a partner at Bradley Arant Boult Cummings LLP. Chris is a members of the firm’s construction and government contracts practice group. He has extensive experience advising clients at every stage of a construction project, managing the resolution of construction disputes domestically and internationally, and drafting and negotiating contracts for a variety of contractor and owner clients. ††† B.A. (2003), University of Alabama; J.D. (2008), Georgetown University Law Center. Whitt Steineker is a partner at Bradley Arant Boult Cummings LLP. Whitt is a member of the firm’s litigation practice group, where he advises clients on a full range of services and routinely represents companies in complex commercial litigation. -
Is COVID-19 an Act of God And/Or Will COVID-19 Be a Defense Against Failure to Perform? Swata Gandhi
ALERT Corporate Practice MAY 2020 Is COVID-19 an Act of God and/or Will COVID-19 Be a Defense Against Failure to Perform? Swata Gandhi This is the second in a series of alerts on Force Majeure and Common Law Defenses against failure to perform contracts. In our first alert, we discussed the elements of a force majeure clause and looked at how various states have interpreted force majeure clauses. We focused on how most states take a narrow view of these provisions and they adhere to the plain meaning of the force majeure provisions. This alert takes a look at one event often listed in force majeure clauses – Acts of God. As discussed in our previous alert, some courts will excuse performance of a contract only if the event causing the breach is actually listed in the force majeure clause. Among the list of events that would most likely excuse a failure to perform under a contract due to COVID-19 would be if the force majeure provision listed pandemics, epidemic, health emergencies or government orders or regulations. While your contract may not list these events, most force majeure provisions do include an Act of God. In this alert we look at whether it is likely that courts will find that COVID-19 is an Act of God and if such consideration will actually be a defense against performance of a contract. In general, courts have found that an Act of God is a natural event that would not occur by the intervention of man, but proceeds from physical causes. -
International Credit Union Day Celebrates “The Authentic Difference”!
THE CAROLINECAROLINECAROLINE FALL 2016 1200 East Church Street • Cherryville, NC 28021 • (800) 378-1955 • (704) 435-0186 • www.carolinafcu.org • [email protected] Holiday Closings: Columbus Day Veterans Day Thanksgiving Holiday Christmas Day Monday, October 10 Friday, November 11 Thurs., Nov. 24 & Fri., Nov. 25 Monday, December 26 INTERNATIONAL CREDIT UNION DAY CELEBRATES “THE AUTHENTIC DIFFERENCE”! On Thursday, October 20, 2016, credit unions around the world will be celebrating International Credit Union Day...please come to Carolina Federal Credit Union and join in on the celebration! Credit unions are not-for-profit financial cooperatives, offering the same services as other financial institutions, but with a people-first philosophy. Since 1948, on the third Thursday of every October, credit unions have celebrated the principles that make credit unions the best financial partners of people all over the world. “The authentic difference,” this year’s ICU Day theme, zeroes in on what makes credit unions different from banks, and other financial institutions—our principles. Credit unions all over the world have operated according to the same core principles since the 1850s, when a group of weary German workers, tired of being exploited by loan sharks, formed the world’s first credit union by banding together to provide affordable credit to each other. These principles are derived from the 7 Cooperative Principles, shared by all cooperatives. They are: 1. Democratic Control - One member = One vote. Whether you have $5 or $5 million, your voice is equal. 2. Open and Voluntary Membership - Members are connected by a bond of association, fostering a sense of community. -
Let's CHATT About Banking!
Important Numbers for after hours: Check account balance 24/7 (334)756‐7027Report Lost/Stolen Debit Card (800)991‐4965 Your Deposits are federally insured up to $250,000 by Let’s CHATT about banking! NCUA VISION: TO BUILD LIFELONG RELATIONSHIPS ONE MEMBER AT A TIME! WWW.CHATT.COOP SPRING NEWSLETTER 2018 Keep Track Of Your Credit It's always been important to keep up with what's in your credit report and make sure it's accurate. But the Got New Auto Fever? Check Out Our disastrous data breach that lasted from Low Rates! May to July 2017 at Equifax, one of the With sunnier skies, warmer days, and three major credit reporting agencies, makes it imperative. If your vital greener pastures on the horizon, many Congratulations to personal information was hacked, you of us have caught that proverbial spring Keiron Carter could be a victim of identity theft fever. Perhaps you're smitten by for receiving the resulting in someone fraudulently springtime but have four wheels, shiny 2018 People Helping People opening accounts, filing taxes or making paint, and the rev of an engine on your purchases in your name. You would mind? You may have a case of new auto Scholarship in memory of have to spend many hours setting the fever! If you want to ring in spring with a Dr. Oscar L. Crawley, Sr. record straight. new ride, look no further than Your first line of defense is to request Chattahoochee Federal Credit Union. Keiron Carter, has been selected to your free annual credit report from each of the three agencies, Equifax, Experian Our low rates and unmatched service are receive the third annual People Helping and Transunion. -
Internal Revenue Service Te/Ge Technical
INTERNAL REVENUE SERVICE TE/GE TECHNICAL ADVICE MEMORANDUM Release Number: 200709073 September 21, 2005 Release Date: 3/2/07 UIL: 501.00-00 511.00-00 Area Manager – Taxpayer’s Name: Taxpayer’s Address Taxpayer’s Identification Number: Years Involved: Conference Held: Legend T = U = V = W = X = Issues Whether funds derived by T, a state-chartered credit union described in section 501(c)(14) of the Internal Revenue Code, from the following activities should be treated as unrelated business taxable income under section 511 of the Internal Revenue Code: A. Sale of accidental death and dismemberment (AD&D) insurance B. Sale of MEMBERS financial management services (formerly “Plan America”) C. Sale of car warranties D. Sale of guaranteed auto protection (GAP) insurance E. Sale of credit life and credit disability insurance 2 F. Sale of group life, health and cancer insurance and stand alone cancer insurance G. Sale of checks Facts Originally chartered in 1952, T is a state-chartered credit union, which is recognized as exempt from federal income tax under section 501(a) of the Internal Revenue Code (“Code”) as an organization described in section 501(c)(14)(A). T's board of directors, supervisory committee and loan committee are comprised entirely of elected members of the credit union who serve on a voluntary basis without compensation. Membership in T is limited to employees and family members of U. T’s purposes as stated in its articles of incorporation are to promote thrift and provide low cost credit for its members. T’s activities include accepting deposits from and maintaining the accounts and savings of its members. -
Force Majeure and Climate Change: What Is the New Normal?
Force majeure and Climate Change: What is the new normal? Jocelyn L. Knoll and Shannon L. Bjorklund1 INTRODUCTION ...........................................................................................................................2 I. THE SCIENCE OF CLIMATE CHANGE ..................................................................................4 II. FORCE MAJEURE: HISTORY AND DEVELOPMENT .........................................................8 III. FORCE MAJEURE IN CONTRACTS ...................................................................................11 A. Defining the Force Majeure Event. ..............................................................................12 B. Additional Contractual Requirements: External Causation, Unavoidability and Notice 15 C. Judicially-Imposed Requirements. ...............................................................................18 1. Foreseeability. .................................................................................................18 2. Ultimate (or external) causation.....................................................................21 D. The Effect of Successfully Invoking a Contractual Force Majeure Provision ............25 E. Force Majeure in the Absence of a Specific Contractual Provision. ...........................25 IV. FORCE MAJEURE PROVISIONS IN STANDARD FORM CONTRACTS AND MANDATORY PROVISIONS FOR GOVERNMENT CONTRACTS ......................................28 A. Standard Form Contracts .............................................................................................28 -
Consent Decree: United States Of
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) Civil Action No. 1:00-CV-3142 JTC v. ) ) CONSENT DECREE COLONIAL PIPELINE COMPANY, ) ) Defendant. ) ____________________________________) I. BACKGROUND A. Plaintiff, the United States of America (“United States”), through the Attorney General, at the request of the Administrator of the United States Environmental Protection Agency (“EPA”), filed a civil complaint (“Complaint”) against Defendant, Colonial Pipeline Company (“Colonial”), pursuant to the Clean Water Act (“CWA”), 33 U.S.C. §§ 1251 et seq., seeking injunctive relief and civil penalties for the discharge of oil into navigable waters of the United States or onto adjoining shorelines. B. The Parties agree that it is desirable to resolve the claims for civil penalties and injunctive relief asserted in the Complaint without further litigation. C. This Consent Decree is entered into between the United States and Colonial for the purpose of settlement and it does not constitute an admission or finding of any violation of federal or state law. This Decree may not be used in any civil proceeding of any type as evidence or proof of any fact or as evidence of the violation of any law, rule, regulation, or Court decision, except in a proceeding to enforce the provisions of this Decree. D. To resolve Colonial’s civil liability for the claims asserted in the Complaint, Colonial will pay a total civil penalty of $34 million to the United States, comply with the injunctive relief requirements in this Consent Decree, and satisfy all other terms of this Consent Decree. -
Force Majeure and Common Law Defenses | a National Survey | Shook, Hardy & Bacon
2020 — Force Majeure SHOOK SHB.COM and Common Law Defenses A National Survey APRIL 2020 — Force Majeure and Common Law Defenses A National Survey Contractual force majeure provisions allocate risk of nonperformance due to events beyond the parties’ control. The occurrence of a force majeure event is akin to an affirmative defense to one’s obligations. This survey identifies issues to consider in light of controlling state law. Then we summarize the relevant law of the 50 states and the District of Columbia. 2020 — Shook Force Majeure Amy Cho Thomas J. Partner Dammrich, II 312.704.7744 Partner Task Force [email protected] 312.704.7721 [email protected] Bill Martucci Lynn Murray Dave Schoenfeld Tom Sullivan Norma Bennett Partner Partner Partner Partner Of Counsel 202.639.5640 312.704.7766 312.704.7723 215.575.3130 713.546.5649 [email protected] [email protected] [email protected] [email protected] [email protected] SHOOK SHB.COM Melissa Sonali Jeanne Janchar Kali Backer Erin Bolden Nott Davis Gunawardhana Of Counsel Associate Associate Of Counsel Of Counsel 816.559.2170 303.285.5303 312.704.7716 617.531.1673 202.639.5643 [email protected] [email protected] [email protected] [email protected] [email protected] John Constance Bria Davis Erika Dirk Emily Pedersen Lischen Reeves Associate Associate Associate Associate Associate 816.559.2017 816.559.0397 312.704.7768 816.559.2662 816.559.2056 [email protected] [email protected] [email protected] [email protected] [email protected] Katelyn Romeo Jon Studer Ever Tápia Matt Williams Associate Associate Vergara Associate 215.575.3114 312.704.7736 Associate 415.544.1932 [email protected] [email protected] 816.559.2946 [email protected] [email protected] ATLANTA | BOSTON | CHICAGO | DENVER | HOUSTON | KANSAS CITY | LONDON | LOS ANGELES MIAMI | ORANGE COUNTY | PHILADELPHIA | SAN FRANCISCO | SEATTLE | TAMPA | WASHINGTON, D.C. -
Tacoma Public Utilities
CITY OF TACOMA FIRE DEPARTMENT REQUEST FOR BIDS TECHNICAL RESCUE VEHICLE SPECIFICATION NO. FD17-0255F 1 City of Tacoma FIRE DEPARTMENT REQUEST FOR BIDS FD17-0255F TECHNICAL RESCUE VEHICLE Submittal Deadline: 11:00 a.m., Pacific Time, August 1, 2017 Submittal Delivery: Sealed submittals will be received and time stamped at this location only: By Carrier: In Person: City of Tacoma Procurement & Payables City of Tacoma Procurement & Payables Division Division Tacoma Public Utilities Tacoma Public Utilities Lobby Security Desk 3628 S 35th Street Administration Building North – Main Floor Tacoma, WA 98409 3628 S 35th Street Tacoma, WA 98409 By Mail: City of Tacoma Procurement & Payables Note: This is a change in location for in- Division person deliveries. Tacoma Public Utilities PO Box 11007 Tacoma, WA 98411-0007 Submittal Opening: Sealed submittals in response to a RFB will be opened by a Purchasing representative and read aloud during a public bid opening held in Conference Room M-1, located on the main floor in the same building. Submittals in response to an RFB are recorded as received but are not typically opened and read aloud. After 1:00 p.m. the day of bid opening, the names of vendors submitting bids are posted to the website for public viewing. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. Click here to see a list of vendors registered for this solicitation. -
Chapter 1 Introduction of Insurance
CHAPTER 1 INTRODUCTION OF INSURANCE Insurance is the equitable transfer of the risk of a loss, from one entity to another in exchange for payment. It is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. According to study texts of The Chartered Insurance Institute, there are the following categories of risk: Financial risks which means that the risk must have financial measurement. 1. Pure risks which means that the risk must be real and not related to gambling 2. Particular risks which means that these risks are not widespread in their effect, for example such as earthquake risk for the region prone to it. It is commonly accepted that only financial, pure and particular risks are insurable. An insurer, or insurance carrier, is a company selling the insurance; the insured, or policyholder, is the person or entity buying the insurance policy. The amount of money to be charged for a certain amount of insurance coverage is called the premium. Risk management, the practice of appraising and controlling risk, has evolved as a discrete field of study and practice. The transaction involves the insured assuming a guaranteed and known relatively small loss in the form of payment to the insurer in exchange for the insurer's promise to compensate (indemnify) the insured in the case of a financial (personal) loss. The insured receives a contract, called the insurance policy, which details the conditions and circumstances under which the insured will be financially compensated. Defination Of Insurance: 1. A contract (policy) in which an individual or entity receives financial protection or reimbursement against losses from an insurance company. -
2005 Fact Book of Credit-Related Insurance
, -- '...... The 2005 Fact Book of ".-" Credit-Related Insurance 1951 CCIA 2005 Published by the Consumer Credit Insurance Association April 2005 Summary of Recent Industry Trends Overview of the Industry Except for credit property and casualty insurance, the countrywide premiums for most credit-related insurance have declined in the last two years, as demonstrated below. • Credit life insurance ne.t written premium decreased by 27% in 2003. • Credit disability insurance net written premium decreased by 21% in 2003. • Involuntary unemployment insurance net written premium grew strongly during the 19905, but it leveled off and is now starting to decrease, showing the effect of the movement by the credit card issuers from credit insurance to debt protection products. • Other credit property and casualty insurance net written premium has shown a steady increase during the last five years, primarily growth in creditor-placed collateral protection insurance. • Total premiums in 2003 decreased by 14%, continuing to drop from the higher levels reached in 1999 and 2000. Credit-Related Insurance 1998-2003 Net Written Premium in Billions 8.00 7.00 1!i11998 Net Written Premium 01999 Net Written Premium ~ - 6.00 t/) .2000 Net Written Premium -c .2 1!3 2001 Net Written Premium 5.00 iii .2002 Net Written Premium c t/) 4.00 02003 Net Written Premium E ::s E ....Q) 3.00 n. c Q) 2.00 .=.:;: 3: ....Q) 1.00 Z 0.00 Life Insurance Disability Involuntary Other Credit Total Insurance Unemployment Property and Insurance Casualty Page 5 Credit-Related Insurance Premiums Are at 30-Year Lows Net written premiums for credit life and credit disability insurance have dropped from recent highs, and they do not come close to the levels attained in 1979, when measured in constant dollars.