DOCSLIB.ORG

A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability Nadia E. Nedzel* I. INTRODUCTION ................................................................................... 98 II. THE CONCEPT OF GOOD FAITH .......................................................... 99 A. United States Law ...................................................................... 99 1. Definition and Statutory Law ........................................ 102 2. Common Law Duty of Good Faith ............................... 104 B. Civil Law.................................................................................. 109 1. Culpa in Contrahendo .................................................... 112 2. French Law ..................................................................... 113 III. WHEN THE DUTY OF GOOD FAITH ARISES ....................................... 116 A. The Process of Contracting .................................................... 116 B. Preliminary Agreements and the Duty of Good Faith ........... 117 1. United States ................................................................... 118 2. French Law ..................................................................... 125 C. Duty of Good Faith in the Absence of any Preliminary Agreement ................................................................................ 128 1. American Law: Promissory Estoppel .......................... 128 2. French Law ..................................................................... 137 3. Mixed-Civilian Jurisdictions .......................................... 140 IV. REMEDIES ......................................................................................... 146 A. Preliminary Agreements.......................................................... 146 B. Precontractual Bad Faith ....................................................... 147 1. United States ................................................................... 147 2. France .............................................................................. 149 V. A PPLICATION OF INTERNATIONAL LAW ............................................ 150 A. Vienna Convention .................................................................. 150 B. Unidroit Principles .................................................................. 151 VI. CONCLUSION .................................................................................... 153 * Forrester Fellow, Tulane University Law School; LL.M., Northwestern University 1997; J.D. Loyola University, 1995; B.A. Northwestern University 1977. The author would like to thank Professor George P. Fletcher for suggesting the topic, and Professors Richard E. Speidel, Vernon Valentine Palmer, and Joachim E. Zekoll without whose encouragement, insightful comments, and challenging criticism this article would not have been possible. Mistakes remain mine alone. 97 98 TULANE EUROPEAN & CIVIL LAW FORUM [Vol. 12 I. INTRODUCTION “If good faith has been taken away, all intercourse among men ceases to exist.”1 The continued growth of today’s global market demands resolution of certain conflicts between different legal systems in order to facilitate contracts between multi-national parties. One often discussed area of tension is precontractual liability. Both common law and civil law systems impose a duty of good faith on the performance or enforcement of an existing contract.2 The question is whether a duty of good faith and fair dealing applies to precontractual relationships. Civilian jurisdictions generally impose a duty of good faith in precontractual negotiations. French legal theory maintains that such a duty exists.3 On the other hand, it is generally agreed that common law theory denies the existence of a duty of good faith in the absence of an enforceable contract. Although American legal theory argues that there is no precontractual duty, remedies for precontractual misbehavior are in fact provided by promissory estoppel and various tort doctrines. This Article argues that American common law, through promissory estoppel, has de facto adopted a theory imposing an obligation to refrain from bad faith in negotiations and that this obligation closely resembles both the usual implied covenant of good faith and the civilian concept of liability for precontractual bad faith as it is used in France. The Article begins by defining the duty of good faith under French4 and American law and discussing the interplay between the underlying contract and tort theories. The second part of the Article will focus on the point at which the duty may arise in the course of negotiations. Third, the measure of damages under both schemes will be discussed. Finally, the differences will be examined in light of the good faith requirement 1. HUGO GROTIUS, DE JURE BELLI AC PACIS BOOK III (1625), quoted in J.F. O’CONNOR, GOOD FAITH IN INTERNATIONAL LAW 56 (1991). 2. See, e.g., RESTATEMENT (SECOND) OF CONTRACTS § 205 (1981); U.C.C. § 1-203, C. Civ. (France) art. 1134 al.3; BGB art. 242 [German Civil Code]; International Institute for the Unification of Private Law, Principles of International Commercial Contracts art. 1.7 (1994) [hereinafter Unidroit Principles]. 3. BARRY NICHOLAS, THE FRENCH LAW OF CONTRACT 48, 71 (2d ed. 1992). 4. French law does not follow the German culpa in contrahendo approach as it has developed from German legal scholar Rudolph von Jhering’s article, Culpa in contrahendo oder Schadensersatz bei nichtigen oder nicht zur Perfection gelangten Vertrögen (Culpa in Contrahendo or Damages for Contracts that are Void or not Brought to Perfection), in 4 JAHRBUCH FÜR DIE DOGMATIK DES HEUTIGEN RÖMISCHEN UND DEUTSCHEN PRIVATRECHTS 1 (1981) discussion infra text accompanying notes 83-91. 1997] PRECONTRACTUAL LIABILITY 99 delineated in the Vienna Sales Convention, article 7,5 and as expanded upon in Unidroit principles articles 1.7 and 2.15.6 The comparison of French and American approaches to the existence and nature of a precontractual duty of good faith shows that efforts to harmonize the two approaches are likely to be successful once attorneys become familiar with the scope and nature of such a duty. The Article will conclude with some recommendations for facilitating the development of law in both jurisdictions. II. THE CONCEPT OF GOOD FAITH In order for a comparative lawyer to gain a clear understanding of any particular concept, he must have some general understanding of the principles underlying the system of law he is studying, how those principles interact, and how the concept he is studying fits into the general scheme of things. Even the most basic principles of law, such as offer and acceptance, can differ from country to country.7 In order to understand why lawyers from common law countries are uncomfortable with the concept of a precontractual duty of good faith, one must begin by understanding what common law views as the fundamental principles of contract law. A. United States Law Since its development in the latter part of the eighteenth century, common law has emphasized consideration and the parties’ intent to be bound as necessary to the enforcement of a contract, rather than emphasizing the theory that promises are binding as a matter of fidelity 5. U.N. Conference on Contracts for the International Sale of Goods, Final Act April 11, 1990, U.N. Doc. A/Conf. 97/18, reprinted in S. Treaty Doc. No. 98-9, 98th Cong., 1st Sess. and 19 I.L.M. 668 (1980) [hereinafter Vienna Sales Convention] (“in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.”). 6. Unidroit Principles Art. 1.7 provides that “each party must act in accordance with good faith and fair dealing in international trade,” and “the parties may not exclude or limit this duty.” Art. 2.15 provides: (1) A party is free to negotiate and is not liable for failure to reach an agreement. (2) However, a party who negotiates or breaks off negotiations in bad faith is liable for the losses caused to the other party. (3) It is bad faith, in particular, for a party to enter into or continue negotiations intending not to reach an agreement with the other party. 7. Steven A. Mirmina, A Comparative Survey of Culpa in Contrahendo, Focusing on Its Origins in Roman, German, and French Law, as Well as Its Application in American Law, 8 CONN. J. INT’L L. 77, 79 (1992). 100 TULANE EUROPEAN & CIVIL LAW FORUM [Vol. 12 and honesty.8 In emphasizing consideration and intent, common law assumes that there is a clear distinction between the relationship called a “contract” and the relationship between those who have merely entered negotiations looking to the formation of a contract.9 The converse to the proposition that creation of a contract relation results in the immediate existence of rights is that until a contract has been created, no contract- related rights exist.10 Courts that do not recognize a middle ground between a completed contract and no contract at all are confronted with a dilemma when the unreasonable behavior of one party to negotiations causes damage to the other party.11 They become torn between the black letter law which dictates that no contract was formed and the desire to provide a just remedy to the party damaged.12 The duty of good faith attaches only with the creation of a contract, and has traditionally been described as “an implied covenant that neither party shall do anything which will have the effect of
Load more

Recommended publications
  • Translating the Constitution Act, 1867
    TRANSLATING THE CONSTITUTION ACT, 1867 A Legal-Historical Perspective by HUGO YVON DENIS CHOQUETTE A thesis submitted to the Faculty of Law in conformity with the requirements for the degree of Master of Laws Queen’s University Kingston, Ontario, Canada September 2009 Copyright © Hugo Yvon Denis Choquette, 2009 Abstract Twenty-seven years after the adoption of the Constitution Act, 1982, the Constitution of Canada is still not officially bilingual in its entirety. A new translation of the unilingual Eng- lish texts was presented to the federal government by the Minister of Justice nearly twenty years ago, in 1990. These new French versions are the fruits of the labour of the French Constitutional Drafting Committee, which had been entrusted by the Minister with the translation of the texts listed in the Schedule to the Constitution Act, 1982 which are official in English only. These versions were never formally adopted. Among these new translations is that of the founding text of the Canadian federation, the Constitution Act, 1867. A look at this translation shows that the Committee chose to de- part from the textual tradition represented by the previous French versions of this text. In- deed, the Committee largely privileged the drafting of a text with a modern, clear, and con- cise style over faithfulness to the previous translations or even to the source text. This translation choice has important consequences. The text produced by the Commit- tee is open to two criticisms which a greater respect for the prior versions could have avoided. First, the new French text cannot claim the historical legitimacy of the English text, given their all-too-dissimilar origins.
    [Show full text]
  • Is Colonization by French Law Countries Distinctive?
    1. La Calidad Académica, un Compromiso Institucional Machu Picchu, Perú http://apuntesdearquitecturadigital.blogspot.co Legal tradition and quality of institutions: is colonization by french Kirat, Thierry (2013).Legal tradition and quality of institutions: is colonization law countries distinctive? by french law countries distinctive? Criterio Libre, 11 (18), Thierry Kirat 25-54 ISSN 1900-0642 Criterio Libre ▪ Vol. 11 • No. 18 ▪ Bogotá (Colombia) ▪ Enero-Junio 2013 ▪ Pp. 25-54 Legal tradition and quality of institutions: is colonization by french law countries distinctive? LEGAL TRADITION AND QUALITY OF INSTITUTIONS: IS COLONIZATION BY FRENCH LAW COUNTRIES DISTINCTIVE?* LA TRADICIÓN LEGAL Y LA CALIDAD DE LAS INSTITUCIONES: ¿ES CARACTERÍSTICA LA COLONIZACIÓN POR LOS PAÍSES CON LEYES FRANCESAS? A TRADIÇÃO LEGAL E A QUALIDADE DAS INSTITUIÇÕS: É CARACTERÍSTICA DA COLONIZAÇÃO PELOS PAÍSES COM LEIS FRANCESAS? LA TRADITION JURIDIQUE ET LA QUALITÉ DES INSTITUTIONS: EST-CE DISTINCTIVE LA COLONISATION PAR LES PAYS DE LOI FRANÇAIS? THIERRY KIRAT‡ Reception Date: October 2, 2012 Acceptance Date: March 5, 2013 Fecha de recepción: octubre 2 de 2012 Fecha de aceptación: marzo 5 de 2013 Data de recepção: 2 de outubro de 2012 Data de aceitação: 5 de março de 2013 Reçu le: 2 Octobre, 2012 Accepté le: 5 Mars, 2013 * Research article, CNRS (IRISSO,© Paris-Dauphine), corresponding to the line of research in economic development, of the Institut de Recherche Interdisciplinaire en Sciences Sociales, Université Paris Dauphine. Artículo de investigación, CNRS (IRISSO, Paris-Dauphine), correspondiente a la línea de investigación en desarrollo económico, del Institut de Recherche Interdisciplinaire en Sciences Sociales, Université Paris Dauphine. Artigo de pesquisa, CNRS (IRISSO, Paris-Dauphine), correspondente à linha de pesquisa em desenvolvimento econômico, do Institut de Recherche Interdisciplinaire en Sciences Sociales, Université Paris Dauphine.
    [Show full text]
  • Cultural Protection As a Rationale for Legislation: the French Language Law of 1994 and the European Trend Toward Integration in the Face of Increasing U.S
    Penn State International Law Review Volume 14 Article 6 Number 1 Dickinson Journal of International Law 9-1-1995 Cultural Protection as a Rationale for Legislation: The rF ench Language Law of 1994 and the European Trend Toward Integration in the Face of Increasing U.S. Influence Michele Belluzzi Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the Comparative and Foreign Law Commons Recommended Citation Belluzzi, Michele (1995) "Cultural Protection as a Rationale for Legislation: The rF ench Language Law of 1994 and the European Trend Toward Integration in the Face of Increasing U.S. Influence," Penn State International Law Review: Vol. 14: No. 1, Article 6. Available at: http://elibrary.law.psu.edu/psilr/vol14/iss1/6 This Comment is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. Cultural Protection as a Rationale For Legislation: The French Language Law of 1994 and the European Trend Toward Integration in the Face of Increasing U.S. Influence I. Introduction What if one day you woke up, turned on the radio and could not find an American song? What if you went to the movies and the only films were foreign? What if you wanted to buy a book, and you found that the only American works were located in a small "Americana" section of the store? Further- more, what if you came home to find your kids glued to the television for back-to-back reruns of a French soap opera and two German police dramas?' This seems foreign, even silly to an American.
    [Show full text]
  • The French Legal Studies Curriculum: Its History and Relevance As a Model for Reform, 25 Mcgill L.J
    Penn State Law eLibrary Journal Articles Faculty Works 1980 The rF ench Legal Studies Curriculum: Its History and Relevance as a Model for Reform Thomas E. Carbonneau Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Legal Education Commons Recommended Citation Thomas E. Carbonneau, The French Legal Studies Curriculum: Its History and Relevance as a Model for Reform, 25 McGill L.J. 445 (1980). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. The French Legal Studies Curriculum: Its History and Relevance as a Model for Reform Thomas E. Carbonneau* I. Introduction Much like a fine wine of precious vintage, the legal studies curriculum in France took centuries to reach its point of maturity. By and large, it is a product of careful molding and enlightened experimentation, although some disparity exists between its theo- retical promise and its actual implementation within the French university system. Moreover, its history is not without its share of ill-conceived hopes and retrogressive thinking. This article at- tempts to describe and analyze those events which fostered the historical metamorphosis of the French legal studies curriculum. The predominance of a broad academic -approach to law and the concomitant absence of a narrow "trade sohool" mentality in the French law schools might be attributed to the general organi- zation of higher education in France.1 The basic law degrees, the licence and the maitrise en droit, are undergraduate degrees; stu- dents enter the university law program at the age of eighteen or nineteen after having obtained the baccalaurdat (the French high school diploma).
    [Show full text]
  • Tiersma I- Legal Language
    THE NATURE OF LEGAL LANGUAGE [This material may be used for educational or academic purposes if cited or referred to as: Peter Tiersma, The Nature of Legal Language, http://www.languageandlaw.org/NATURE.HTM] One of the great paradoxes about the legal profession is that lawyers are, on the one hand, among the most eloquent users of the English language while, on the other, they are perhaps its most notorious abusers. Why is it that lawyers, who may excel in communicating with a jury, seem incapable of writing an ordinary, comprehensible English sentence in a contract, deed, or will? And what can we do about it? Consider, first, the eloquence of the legal profession. Daniel Webster was famed for his oratory skills. Called upon to assist the prosecution in a murder case, Webster addressed any hesitations the jurors might have harbored about their power to punish the guilty. In doing so, he provided a memorable defense of the theory of deterrence: The criminal law is not founded in a principle of vengeance. It does not punish that it may inflict suffering. The humanity of the law feels and regrets every pain that it causes, every hour of restraint it imposes, and more deeply still, every life it forfeits. But it uses evil, as the means of preventing greater evil. It seeks to deter from crime, by the example of punishment. This is its true, and only true main object. It restrains the liberty of the few offenders, that the many who do not offend, may enjoy their own liberty. It forfeits the life of the murderer, that other murders may not be committed.
    [Show full text]
  • The French Language in Louisiana Law and Legal Education: a Requiem, 57 La
    Louisiana Law Review Volume 57 | Number 4 Summer 1997 The rF ench Language in Louisiana Law and Legal Education: A Requiem Roger K. Ward Repository Citation Roger K. Ward, The French Language in Louisiana Law and Legal Education: A Requiem, 57 La. L. Rev. (1997) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol57/iss4/7 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. COMMENT The French Language in Louisiana Law and Legal Education: A Requiem* I. INTRODUCTION Anyone familiar with the celebrated works of the sixteenth century French satirist Frangois Rabelais is sure to remember the protagonist Pantagruel's encounter with the Limousin scholar outside the gates of Orldans.1 During his peregrinations, the errant Pantagruel happens upon the Limousin student who, in response to a simple inquiry, employs a gallicized form of Latin in order to show off how much he has learned at the university.? The melange of French and Latin is virtually incomprehensible to Pantagruel, prompting him to exclaim, "What the devil kind of language is this?"' 3 Determined to understand the student, Pantagruel launches into a series of straightforward and easily answerable questions. The Limousin scholar, however, responds to each question using the same unintelligi- ble, bastardized form of Latin." The pretentious use of pseudo-Latin in lieu of the French vernacular infuriates Pantagruel and causes him to physically assault the student.
    [Show full text]
  • The French Language and the Common Law 341
    The French language and the common law 341 The French language and the common law Ronald Cantlie" THIS ESSAY HAS BEEN PROMPTED by a brief anonymous article in the Manitoba Bar Newsletter Headnotes and Footnotes for October, 1987,1 en- titled "Le Français et la `Cornmon Law' and in particular by two pas- sages therein.2 The first of these passages consists of a single sentence as follows: la 'common law', c'est en effet le système de droit uniforme que Guillaume le Con- quérant, premier roi francophone d'Angleterre instaura dans ce pays au Xle siècle. 1989 CanLIIDocs 164 The second passage reads: Malgré cette interdiction, un auteur britannique pouvait encore ecrire ce qui suit au XIXe siècle: [TRADUCTION] Il n'est guère possible de parler convenablement de droit en anglais et, lorsque l'on tente l'experience, il faut, pour éviter d'être trop maladroit, avoir recours à une langue fortement francisée... Bref, du point de vue historique, la véritable langue du droit anglais, c'est le français! The statements made in the second of these quotations are entirely correct. But the first quotation is equally entirely wrong. William I did not impose a uniform system of law on England. He systematized land tenure, with the result that in time England became the best organized feudal state in Europe, but that is essentially all he did. The statements made in the first quotation are based on a misunderstanding of the na- ture and immediate consequences of the historical event commonly, but somewhat inaccurately, referred to as the Norman Conquest.
    [Show full text]
  • English-Speaking Attorneys in France
    ACS List of Attorneys – February 2020 Suf English-Speaking Attorneys in France Disclaimer: The U.S. Embassy Paris, France assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by the following persons or firms. Inclusion on this list is in no way an endorsement by the Department of State or the U.S. Embassy/Consulate. Names are listed alphabetically, and the order in which they appear has no other significance. The information in the list on professional credentials, areas of expertise and language ability are provided directly by the lawyers. You may receive additional information about the individuals by contacting the local bar association (or its equivalent) or the local licensing authorities. Important Note: Officers of the Department of State and U.S. Embassies and Consulates abroad are prohibited by federal regulation from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens in private legal disputes abroad. (22 CFR 92.81, 10.735-206(a)(7), 72.41, 71.5.) Generally, this list is revised triennially with interim addendum as needed. U.S. Department of State's Role Officers of the Department of State and U.S. embassies and consulates overseas are prohibited by federal regulation from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens involved in legal disputes overseas. Department of State personnel, including its attorneys, do not provide legal advice to the public. The List of Attorneys: The following individuals and firms have informed the Embassy that they are qualified to adjudicate law in the categories specified and that they are sufficiently competent in the English language to provide services to English-speaking clients.
    [Show full text]
  • Losing Touch with the Common Tongues–The Story of Law French
    International Journal of Legal Discourse 2016; 1(1): 169–192 Caroline Laske* Losing touch with the common tongues – the story of law French DOI 10.1515/ijld-2016-0002 Abstract: This paper addresses the question of how, historically, the language of the English common law has become separated from the understanding by the ordinary man and woman. The use of an archaic language – law French – for over half a millennium has meant that legal matters had to be left in the hands of a small specifically trained elite. Law French is a language, originally based on Old Norman, Old French and Anglo-Norman. Its evolution is a complex one: its roots in Latin, it was in constant contact with the various dialects of both continental and insular French as well as the upcoming Middle English, all of which had a major impact on the medieval linguistic and cultural landscape of England. The present paper tells the story of that language, which although long gone, is still present in today’s common law English. Now, as then, it contributes little to enhancing the understanding by the ordinary man and woman. Keywords: French language in England, legal language, medieval common law 1 Introduction The law and its practices have, due to historical traditions, its normative nature, prescriptive and performative functions and the basic premise that the letter of the law is supreme, developed some rather grand institutions and practices, including its use of language, as well as the actual language used. Add to this the ever-increasing legal complexities of our societies and we end up with dense legalese that has lost touch with our common tongues and which, despite the plain-English movement, is still fairly dominant.
    [Show full text]
  • A Socioeconomic Analysis of Francophone and Anglophone West Africa
    The University of Akron IdeaExchange@UAkron Williams Honors College, Honors Research The Dr. Gary B. and Pamela S. Williams Honors Projects College Spring 2020 A Socioeconomic Analysis of Francophone and Anglophone West Africa Jackson Gagne [email protected] Follow this and additional works at: https://ideaexchange.uakron.edu/honors_research_projects Part of the African Languages and Societies Commons, European Languages and Societies Commons, International Business Commons, Other English Language and Literature Commons, and the Other French and Francophone Language and Literature Commons Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Recommended Citation Gagne, Jackson, "A Socioeconomic Analysis of Francophone and Anglophone West Africa" (2020). Williams Honors College, Honors Research Projects. 1110. https://ideaexchange.uakron.edu/honors_research_projects/1110 This Dissertation/Thesis is brought to you for free and open access by The Dr. Gary B. and Pamela S. Williams Honors College at IdeaExchange@UAkron, the institutional repository of The University of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Williams Honors College, Honors Research Projects by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Gagne 1 Jackson Gagne Honors Project A Socioeconomic Analysis of Francophone and Anglophone West Africa Gagne 2 Table of Contents Introduction . 3 Literature Review . .6 Ghana . 12 Côte d’Ivoire . .16 Nigeria . .20 Cameroon . 24 Comparison, Contrast, and Analysis . .28 Conclusion . .39 Interviews . .40 Sources . 46 Gagne 3 Introduction As with many of humanity’s attempts to characterize and label people, places, and actions, the limits and extent of “West Africa” as a region are not perfect and are subject to debate.
    [Show full text]
  • Jersey Law Review | the Language of the Law: the Importance of French
    Return to Contents The Jersey Law Review – June 2005 THE LANGUAGE OF THE LAW: THE IMPORTANCE OF FRENCH Timothy Hanson1 “I wish life was not so short”, he thought, “languages take such a time, and so do all the things one wants to know about.”2 1 During 2004, the Channel Islands celebrated their distinct and unique identities by reason of their eight-hundred-year “separation” from France. To the average visitor arriving in the Channel Islands, however, there will be little to indicate such Norman- French ancestry, save the names of certain families or of particular roads. Despite the historical connection and geographical proximity of the Channel Islands to France, their trade is predominantly with the United Kingdom and the language spoken is overwhelmingly English.3 The Jersey census of 2001 for instance, revealed that only some 15,114 (17.3%) of residents in Jersey can speak French either as a main or secondary language. Those that speak French as a first language, amounted to a mere 338 people out of a resident population of 87,186. Sadly, unless positive efforts are soon made, knowledge of the French language and culture by Islanders is likely to decline further. One wonders what Dr. Frank Le Maistre, (author of the Dictionnaire Jersiais-Francais), might have thought about such a possibility. Even in 1947, he had observed: “…French, though still the official language, to all intents and purposes has now reached the status of a foreign language and though by nature we should be bilingual people, the knowledge of French is becoming more and more limited.
    [Show full text]
  • Attorneys in the Consular District of Paris
    ACS List of Attorneys — July 2018 Suf Attorneys in the Consular District of Paris Disclaimer: The U.S. Embassy Paris, France assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by the following persons or firms. Inclusion on this list is in no way an endorsement by the Department of State or the U.S. Embassy/Consulate. Names are listed alphabetically, and the order in which they appear has no other significance. The information in the list on professional credentials, areas of expertise and language ability are provided directly by the lawyers. You may receive additional information about the individuals by contacting the local bar association (or its equivalent) or the local licensing authorities. Important Note: Officers of the Department of State and U.S. Embassies and Consulates abroad are prohibited by federal regulation from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens in private legal disputes abroad. (22 CFR 92.81, 10.735-206(a)(7), 72.41, 71.5.) Generally, this list is revised triennially with interim addendum as needed. U.S. Department of State's Role Officers of the Department of State and U.S. embassies and consulates overseas are prohibited by federal regulation from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens involved in legal disputes overseas. Department of State personnel, including its attorneys, do not provide legal advice to the public. The List of Attorneys: The following individuals and firms have informed the Embassy that they are qualified to adjudicate law in the categories specified and that they are sufficiently competent in the English language to provide services to English-speaking clients.
    [Show full text]