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An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials 2nd ed


ISBN13: 9781108835848
Previous Edition ISBN: 9780521681858
Published: January 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition out of print, ISBN13 9780521118576



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This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.

  • Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field
  • Presents the principal doctrines of the private law of the United States, England, France, Germany and China
  • Provides historical background and original sources showing at what point and why differences between legal systems emerged

Subjects:
Comparative Law
Contents:
Preface
Foreword by Shiyuan Han
Foreword by Reinhard Zimmermann
Foreword by André Tunc
Foreword by Roscoe Pound
1. Traditions
2. Institutions
Part I. The Law of Obligations:
3. The structure of contract law
4. Voluntary commitment
5. Fairness
6. Excuses for non-performance
7. Remedies
8. The scope of the rights protected
9. The conduct for which one is liable
10. The principle
11. Must one party gain at the other's expense?
Part II. The Law of Property:
12. Possession
13. Ownersh