Subjects:

Comparative Law

Contents:

PART I

Abbreviations

Table of Cases

A. GENERAL CONSIDERATIONS

1 The Concept of Comparative Law

2 The Functions and Aims of Comparative Law

3 The Method of Comparative Law

4 The History of Comparative Law

B. THE LEGAL FAMILIES OF THE WORLD

5 The Style of Legal Families

I. THE ROMANISTIC LEGAL FAMILY

6 The History of French Law

7 The Spirit and Essential Features of the Code Civil

8 The Reception of the Code Civil

9 Courts and Lawyers in France and Italy

II. THE GERMANIC LEGAL FAMILY

10 The History of German Law

11 The German Civil Code

12. The General Civil Code of Austria

13. The Swiss Civil Code

III. THE ANGLO-AMERICAN LEGAL FAMILY

14. The Development of the English Common Law

15. Courts and Lawyers in England

16. The Spread of the Common Law Throughout the World

17. The Law of the United States of America

18. Law-Finding and Procedure in Common Law and Civil Law

IV. THE NORDIC LEGAL FAMILY

19. Scandinavian Law, Past and Present

V. LAW IN THE FAR EAST

20. Chinese Law

21. Japanese Law

VI. RELIGIOUS LEGAL SYSTEMS

22. Islamic Law

23. Hindu Law

PART II

A. CONTRACT

I. THE FORMATION OF CONTRACTS

24. Juristic Act, Contract, and General Conditions of Business

25. Contractual Capacity

26. Offer and Acceptance

27. Illegality and Immorality

28. Indicia of Seriousness

29. The Construction of Contracts

30. Mistake, Deceit, and Duress

31. Representation

32. Assignment

33. Contracts for the Benefit of Third Parties

II. THE PERFORMANCE OF CONTRACTS

34. Claims to Performance and Their Enforcement

35. Breach of Contract

36. The Effect of Supervening Events

B. UNJUSTIFIED ENRICHMENT

37. Unjustified Enrichment in General

38. Unjustified Enrichment Specific Topics

C. TORT

39. Tort in General

40. Liability for others

41. Strict Liability

42. Invasions of the Right of Personality

Index

This is the English version of the third (1996) German edition. It is fully revised and updated, some chapters being added and others dropped, but the familiar structure and easy style remain much the same. Firstly, the book discusses the nature of comparative law, its functions, aims, methods and history, then it surveys the main features of the major legal families of the world.

In the second part the book provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches (and the less different solutions) to problems of the law of obligations in the major systems of private law.

In addition to offering a grounding in comparative private law, the book may also be used as a base for further research.