An Introduction to the Comparative Study of Private Law

Author: James Gordley
Publisher: Cambridge University Press
ISBN: 9781316101889
Release Date: 2009-09-24
Genre: Law

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.

Contract Law

Author: Jan M. Smits
Publisher: Edward Elgar Publishing
ISBN: 9781785368776
Release Date: 2017-06-30
Genre: Contracts

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Abuse of EU Law and Regulation of the Internal Market

Author: Alexandre Saydé
Publisher: Bloomsbury Publishing
ISBN: 9781782254034
Release Date: 2014-12-01
Genre: Law

How can the concept of abuse of European Union law ? which can be defined as undesirable choice of law artificially made by a private citizen ? generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Law and Economics of Possession

Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 9781107083547
Release Date: 2015-05-21
Genre: Business & Economics

Analyses the concept of possession, including specific issues such as adverse possession.

Wrongful Enrichment

Author: Nahel Asfour
Publisher: Bloomsbury Publishing
ISBN: 9781782257066
Release Date: 2017-09-21
Genre: Law

This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.

Economic Analysis of the DCFR

Author: Filomena Chirico
Publisher: Walter de Gruyter
ISBN: 9783866538559
Release Date: 2010-03-12
Genre: Law

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

European Private Law

Author: Mauro Bussani
Publisher: Carolina Academic Press
ISBN: STANFORD:36105134480883
Release Date: 2009
Genre: Law

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.

The Jurists

Author: James Gordley
Publisher: Oxford University Press
ISBN: 9780199689392
Release Date: 2013-10
Genre: Law

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.

Transnational Commercial Law

Author: Roy Goode
Publisher: OUP Oxford
ISBN: STANFORD:36105064199800
Release Date: 2007-06-21
Genre: Law

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.

Fundamentals of European Civil Law

Author: M. Vranken
Publisher:
ISBN: STANFORD:36105134509749
Release Date: 2010
Genre: Law

This book outlines the fundamentals of European civil law for readers more familiar with common law jurisdictions such as Australia, New Zealand, the UK and the US.This fully revised and updated second edition retains the successful structure of the first. The four chapters in Part A provide the general framework, covering the concept and method of comparative law, historical foundations, the concept of a civil code and codification, and the role of legislature and the judiciary. More specific and practical material is provided in Part B, with chapters on the law of contract, the law of tort, labour law, commercial law and court procedure. Part C looks to the future, examining differences between civil law and common law and the impact of the European Union.The focus throughout is on private law, particularly the civil laws of France and Germany, except where European Community law has made inroads into the (private) civil law. Each chapter thus incorporates the relevant materials on European Community law.

Symposium

Author: Tulane Law School
Publisher:
ISBN: STANFORD:36105063784289
Release Date: 2009
Genre: Law


Commentary on the UNIDROIT Principles of International Commercial Contracts PICC

Author: Stefan Vogenauer
Publisher: Oxford University Press, USA
ISBN: STANFORD:36105134432546
Release Date: 2009
Genre: Law

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