Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

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Exhibit 16 PRIVATE LAW LIBRARY under the direction of HENRY SOLUS Professor at the Law School of Paris VOLUME II THE INFLUENCE of INDIVIDUAL INTENTION on CLASSIFICATIONS By FRANÇOIS TERRÉ Bachelor Degree in Literature Doctor of Law Winner of Competitions at the Law School of Paris (1948, 1949, 1950 Prix Goullencourt 1950 and 1956) and of the General Competition of Schools of Law In charge of Courses at the School of Law and Political Science of Strasburg) Preface by ROBERT LA BALLE Professor at the Law School of Paris Work honored with a grant from the National Ministry of Education and awarded a prize by the Law School of Paris PRIX DUPIN AINE 1956 UML P A R I S GENERAL BOOKSTORE OF LAW AND JURISPRUDENCE R. PICHON AND R. DURAND-AUZIAS 20, Rue Soufflot, 20 1957 Individual Intention and Classification 35 Section II. – Utilization and Misrepresentation 32. – When does utilization become abnormal? The determination of this moment marks the instant when misrepresentation appears. A determined classification corresponds to a view of the concrete data. The material elements are considered therein such as they are. Logically framework and content must then correspond perfectly. Of course, as we have said, a content can serve as a support to several frameworks. But this is so because the point of view adopted by the minds varies from one case to another. Let us suppose to the contrary that it remains constant or that a given content is likely to be considered only from a given point of view. The misrepresentation of the material elements will appear once the individual intentions try to apply to a given content a classification that doesn’t correspond to the material elements which compose it at a given moment. 33. – But the passage from utilization to misrepresentation proves to be imperceptible. Modern Romanists distinguished the essential elements, the natural elements, and the accidental elements of a contract (36). The accidental elements are those which are appended to a given contract by the stipulations of the parties and do not exist without them. Misrepresentation of the accidental elements cannot be spoken of in their regard, since the addition of a given content of accidental elements does not normally engender a change in framework. The notion of accidental elements, which has been considered as “unique to the Roman conception” (37), will be considered further on when studying the theory of the “ancillary elements” (38). The natural elements of a contract are those which originate with the type of contract adopted, in the absence of stipulation of the contracting parties. But these parties can remove a natural element without the framework chosen being thereby transformed. The natural elements replace intention. In its negative aspect, the action of the individual intention on the natural elements does not generate a misrepresentation of the elements of the classification. However, the examination of this action in its positive aspect is revealing. Because the parties adjoined, to the contract chosen by them, natural elements normally pertaining to another contract, the… [remaining portion of article is not included] (36) Cf. on this point Girard, 8th ed., p. 576, note 2. (37) P. Durand, “Conventions of irresponsibility”, Paris thesis 1931, p. 218; cf. Ourliac and de Juglart, note to J.C.P. 1953, ed. G. 2-7433. (38) Cf. hereinafter, Book II, Title I, no. 392 and s.

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