Introduction to comparative law
著者
書誌事項
Introduction to comparative law
Clarendon Press , Oxford University Press, 1998
3rd rev. ed
- : pbk
- タイトル別名
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An introduction to comparative law
Einführung in die Rechtsvergleichung auf dem Gebiete des Privatrechts
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注記
Translation of: Einführung in die Rechtsvergleichung auf dem Gebiete des Privatrechts
Includes bibliographical references and index
内容説明・目次
- 巻冊次
-
: pbk ISBN 9780198268598
内容説明
This third edition of the modern classic Zweigert & K"otz's Introduction to Comparative Law is fully revised and updated, but its familiar structure and easy style remain the same. The book first discusses the nature of Comparative Law, its functions, aims, methods and history, and then it surveys the main features of the major legal families of the world. In the second part it provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches and solutions of the major legal systems. As well as offering an excellent grounding in comparative private law, this book is an essential base for further research.
目次
- PART I
- A. GENERAL CONSIDERATIONS
- B. THE LEGAL FAMILIES OF THE WORLD
- I. THE ROMANISTIC LEGAL FAMILY
- BII. THE GERMANIC LEGAL FAMILY
- III. THE ANGLO-AMERICAN LEGAL FAMILY
- IV. THE NORDIC LEGAL FAMILY
- V. LAW IN THE FAR EAST
- VI. RELIGIOUS LEGAL SYSTEMS
- PART II
- A. CONTRACT
- I. THE FORMATION OF CONTRACTS
- II. THE PERFORMANCE OF CONTRACTS
- B. UNJUSTIFIED ENRICHMENT
- C. TORT
- 巻冊次
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ISBN 9780198268604
内容説明
This is the English version of the third (1996) German edition. It is fully revised and updated, some chapters being added and others dropped, but the familiar structure and easy style remain much the same. Firstly, the book discusses the nature of comparative law, its functions, aims, methods and history, then it surveys the main features of the major legal families of the world. In the second part the book provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches (and the less different solutions) to problems of the law of obligations in the major systems of private law. In addition to offering a grounding in comparative private law, the book may also be used as a base for further research.
目次
- Part I A General considerations: the concept of comparative law
- the functions and aims of comparative law
- the method of comparative law
- the history of comparative law. Part I B The legal families of the world: the style of legal families - the romanistic legal family, the history of French law, the spirit and essential features of the code civil, the reception of the code civil
- courts and lawyers in France and Italy
- the Germanic legal family - the history of German law, the German civil code, the general civil code of Austria, the Swiss civil code
- the Anglo-American legal family - the development of the English common law, courts and lawyers in England, the spread of the common law throughout the world, the law of the United States of America, law-finding and procedure in common law and civil law
- the Nordic legal family - Scandinavian law, past and present
- law in the Far East
- Chinese law
- Japanese Law
- religious legal systems
- Islamic law
- Hindu law. Part II A Contract: the formation of contracts - juristic act, contract, and general conditions of business, contractual capacity, offer and acceptance, illegality and immorality, indicia of seriousness, the construction of contracts, mistake, deceit, and duress, representation, assignment, contracts for the benefit of third parties
- the performance of contracts - claims to performance and their enforcement, breach of contract, the effect of supervening events. Part II B Unjustified enrichment: unjustified enrichment in general
- unjustified enrichment specific topics. Part II C Tort: tort in general
- liability for others
- strict liability
- invasions of the right of personality.
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