Subjects:

Comparative Law

Contents:

Introductory Readings: I. History: English law and Roman law

II. Codification

III. Institutions. Comparative Private Law: Property, Torts, Contracts, Unjust Enrichment. Part One: Property Law. I. Possession

II. Ownership

III. The Doctrine of Necessity

Part Two: Tort Law. I. The Scope of the Rights Protected

II. Conduct for Which One is Liable

Part Three: Contract Law. I. The Structure of Contract Law

II. Voluntary Commitment

III. Fairness

IV. Excuse for Non-Performance

V. Remedies

Part Four: Unjust Enrichment. I. The Principle

II. Unjust Enrichment When the Plaintiff Did Not Lose

III. Unjust Enrichment When it is Doubtful What the Defendant Gained.

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 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.