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Vol 21 No 11 Nov/Dec 2016

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Themes in Comparative Law: In Honour of Bernard Rudden

Edited by: Peter Birks, Arianna Pretto-Sakmann

ISBN13: 9780199258567
ISBN: 0199258562
Published: July 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



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Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, all of whom owe an intellectual debt to the honorand. The book is intended for practitioners, academics and students of comparative law and private law, in particular in the fields of property and obligations.

Subjects:
Comparative Law
Contents:
Part I Fundamentals and Method: Hans Baade, Stare Decisis in Civil-Law Countries - The Last Bastion; Pierre Legrand, Alterity - About Rules, For Example; Geoffrey Samuel, Comparative Law and the Legal Mind. Part II Property Theory: Jim Harris, Property - Rights in Rem or Wealth?; Arianna Pretto, Primary Rights and Rights in Rem. Part III Property Specifics: John Bell, Property and Legal Culture in France; Roy Goode, Are Intangible Assets Fungible?; James Gordley, The Origin of Riparian Rights; Michele Graziadei, Tuttifrutti. Part IV Obligations: Peter Birks, Comparative Unjust Enrichment; John Cartwright, Defects of Consent and Security of Contract, French and English Law Compared; Mark Freedland, Ius cogens, ius dispositivum and the Law of Personal Work Contracts. Part V: Form and Formality: Gerhard Dannemann: Formation of Contracts on the Internet; 14: Simon Whittaker, The Reformulation of Contractual Formality. Part VI Reform; 15: Xavier Blanc-Jouvan: Les Limites d'un Droit Europeen du Travail; 16: Ugo Mattei, Should Europe Codify Trust?; Vladislav Moudrykh, Insurance Law in Post-Soviet Russia; Reinhard Zimmermann, Modernising the German Law of Obligations.