Author: James Gordley
Publisher: Cambridge University Press
Release Date: 2009-09-24
This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law. The core of the book consists of cases, statutes and code provisions shaping the doctrines central to the law of property, tort, contract and unjust enrichment in the United States, England, France and Germany. These materials provide a road map of the law of each, allowing the reader to consider how doctrines differ, how these differences emerged and whether the underlying problems and solutions are common to all. They also allow for comparison to be made between the approaches of common and civil law and to consider the extent to which they depend on the origin and nature of the law.
Author: Roy Goode
Publisher: OUP Oxford
Release Date: 2007-06-21
Text, Cases and Materials on Transnational Commercial Law brings together all the necessary materials on this topic in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.
This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.
Author: Stefan Vogenauer
Publisher: Oxford University Press, USA
Release Date: 2009
This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts
Author: James Gordley
Publisher: Oxford University Press
Release Date: 2013-10
Current Western law has been shaped by the work of successive schools of jurists throughout the ages. From ancient Rome to the present, this book describes their work in their historical context and their influence on later schools.
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.