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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Obligations: Roman Foundations of the Civilian Tradition isbn 9780198764267

The Law of Obligations

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ISBN13: 9789065446732
ISBN: 9065446737
New Edition ISBN: 019876426X
Published: July 1993
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

Out Of Print
A comprehensive account of the Roman rules as they had developed in Roman law, and how they formed the ius commune of mediaeval Europe and some modern systems of law. German BGB, South African Law and English Common Law are among the systems of law covered. Frequent references are made to the French Civil Code.

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Part 1 Introduction - the concept of an obligation and its implications: obligatio - conceptual and systematic foundations
stipulatio alteri, representation, cession.
Part 2 Verbal obligations: stipulatio
stipulatio poenae - conventional penalties
Part 3 Real obligations: mutuum - loan for consumption
commodatum, depositum, pignus - loan for use, deposit, pledge.
Part 4 Consensual obligations: emptio venditio I - sale (basic requirements)
emptio venditio II - sale (main effects)
emptio venditio III - sale (warranty of title and of proper quality)
locatio conductio I - mainly lease
locatio conductio II - contract of employment, contract for work
mandatum - mandate
excursus - negotiorum gestio
societas - partnership.
Part 5 Arrangements outside the contractual scheme of classical Roman law: donatio
pacta and innominate real contracts.
Part 6 General principles of contractual liability: formation of contract
error - mistake
interpretation of contracts
metus and dolus - duress and fraud
invalidity and reasons for invalidity
condicio and dies - conditions and time clauses
termination of obligations
breach of contract.
Part 7 Obligations arising neither from contract nor from delict: unjustified enrichment.
Part 8 The law of delicts: delict in general
furtum - theft
Lex Aquilia I
Lex Aquilia II
actio iniuriarum - infringements of personality rights
strict liability.