An Introduction to the Comparative Study of Private Law

Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1316101886
Format: PDF, Docs
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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: 1783478519
Format: PDF, ePub, Mobi
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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: 1107083540
Format: PDF, Docs
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Analyses the concept of possession, including specific issues such as adverse possession.

Comparative Private Law

Author: Markus Muller-Chen
Publisher: Dike Verlag Ag
ISBN: 9783037516997
Format: PDF, ePub, Mobi
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Looking beyond the border of one's own legal system is to embark on a journey with the promise of gaining knowledge of foreign legal systems, as well as a fresh perspective one's home system. This book guides students, academics, and lawyers on this journey, and shows that ideas developed elsewhere can be a treasure trove of inspiration for national courts, legislators, and legal practitioners. A particular concern for the book is to include non-Western countries in this endeavor. The first part of the book looks at the origins, purposes, and methods of comparative law, and it discusses the process of transplanting and receiving legal concepts, along with the potential pitfalls involved, using examples stretching from the reception of Roman law in Europe to the comparatively new phenomenon of European private law. The second part considers select legal systems, starting with the two most influential legal traditions, the civil law and the common law. The book examines their historical background and impact, the main sources of law, the predominant methods of dispute resolution, and the players shaping them. Then, it moves on to the legal systems in East Asia that are playing an increasingly important role in today's world, namely China, Japan, and South Korea. The book also takes a close look at those legal systems shaped by a major world religion, in particular Saudi Arabia, the United Arab Emirates, and Israel. It closes with an Annex on how to write a thesis using the comparative law method. [Subject: Comparative Law, Private Law]

European Private Law

Author: Mauro Bussani
Publisher: Carolina Academic Press
ISBN:
Format: PDF, Mobi
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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:
Format: PDF
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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.

Commentary on the UNIDROIT Principles of International Commercial Contracts PICC

Author: Stefan Vogenauer
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, ePub, Mobi
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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