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Vol 21 No 10 Oct/Nov 2016

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

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ISBN13: 9780521681858
ISBN: 0521681855
Published: June 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780521118576



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.

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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.