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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials

ISBN13: 9780521118576
Published: September 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2006)
Price: £43.99
Hardback edition out of print, ISBN13 9780521681858

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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.

  • Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field
  • Explores differences between the common law and civil law jurisdiction with examples from the legal systems of England and the United States, France and Germany,
  • Comprehensive introduction sets the material in context with reference to the subject’s most recent developments, notably those in the law of the European Union

Comparative Law
Introductory Readings:
1. History: English law and Roman law
2. Codification
3. Institutions - Comparative Private Law: Property, Torts, Contracts, Unjust Enrichment

Part I. Property Law:
1. Possession
2. Ownership
3. The Doctrine of Necessity

Part II. Tort Law:
1. The Scope of the Rights Protected
2. Conduct for Which One is Liable

Part III. Contract Law:
1. The Structure of Contract Law
2. Voluntary Commitment
3. Fairness
4. Excuse for Non-Performance
5. Remedies

Part IV. Unjust Enrichment:
1. The Principle
2. Unjust Enrichment When the Plaintiff Did Not Lose
3. Unjust Enrichment When it is Doubtful What the Defendant Gained.