James Gordley

Introduction to the Comparative Study of Private Law (eBook, PDF)

Readings, Cases, Materials

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 24. September 2009
• Englisch
• ISBN-13: 9781316097489
• Artikelnr.: 41008764

Autorenporträt

James Gordley holds the W. R. Irby Chair in Law at Tulane University, and specialises in comparative and contract law.

Inhaltsangabe

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. Ownership.

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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. Ownership.