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: Mark Aschenbrenner
Publisher: Mohr Siebeck
Release Date: 2014-06-06
Die deutsche Sicherungsubereignung, die englische legal mortgage und die brasilianische alienacao fiduciaria haben gemeinsam, dass die Vollberechtigung am Sicherungsgegenstand auf den Sicherungsnehmer ubertragen wird. In allen drei Rechtsordnungen verursacht dieses Konzept dogmatische und praktische Schwierigkeiten. Mark Aschenbrenner arbeitet die wesensimmanenten Probleme der genannten Vollrechtssicherheiten heraus und uberpruft die Losungsansatze des deutschen, englischen und brasilianischen Rechts. Dazu deckt er zunachst Parallelen in der geschichtlichen Entwicklung und in der Dogmatik der Rechtsinstitute auf und untersucht anschliessend die Ausgestaltung der Sicherungsrechte - insbesondere hinsichtlich Zwangsvollstreckung und Insolvenz. Im Ergebnis stellt sich heraus, dass Detailregelungen zu Begrundung, Verwertung etc. entscheidender fur die Effektivitat und die Effizienz einer Vollrechtssicherheit sind als ihre Rechtsnatur.
Author: Jan M Smits
Publisher: Edward Elgar Publishing
Release Date: 2014-08-29
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
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: James Gordley
Publisher: OUP Oxford
Release Date: 2013-10-03
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.
Author: M. Vranken
Release Date: 2010
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.
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
A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.