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Vol 21 No 10 Oct/Nov 2016

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An Introduction to Comparative Law 3rd ed


ISBN13: 9780198268598
ISBN: 0198268599
Previous Edition ISBN: 0198257783
Published: June 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £47.99



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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.

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