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: 9781783478514
Release Date: 2014-08-29
Genre:

This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac

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.

The Jurists

Author: James Gordley
Publisher: OUP Oxford
ISBN: 9780191003820
Release Date: 2013-10-03
Genre: Law

The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued a different project. The projects of the jurists had one element in common: they were attempts to understand and explain the law. Commitment to that project defines the work of a jurist and distinguishes it from the work of others who take part in fashioning and applying the law. Yet the project of each school of jurists had goals and methods of its own. By identifying them, this study shows how the jurists themselves understood their work and how these goals and methods shaped and limited what each school could achieve.

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.

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.

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.

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

Good Faith in European Contract Law

Author: Simon Whittaker
Publisher: Cambridge University Press
ISBN: 0521771900
Release Date: 2000-06-08
Genre: Law

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Comparative Property Law

Author: Michele Graziadei
Publisher: Edward Elgar Publishing
ISBN: 9781785369162
Release Date: 2017-01-27
Genre:

Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.

The Philosophical Origins of Modern Contract Doctrine

Author: James Gordley
Publisher: Clarendon Press
ISBN: 9780191029615
Release Date: 1993-02-11
Genre: Law

This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.