Foundations of private law : property, tort, contract, unjust enrichment

書誌事項

Foundations of private law : property, tort, contract, unjust enrichment

James Gordley

Oxford University Press, 2006

  • : pbk

大学図書館所蔵 件 / 27

この図書・雑誌をさがす

注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: pbk ISBN 9780199227662

内容説明

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

目次

  • I THE ENTERPRISE
  • 1. Basic Principles
  • 2. Differences among Legal Systems
  • II PROPERTY
  • 3. Possession and Ownership
  • 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht
  • 5. Private Modification of the Right to use Property: Servitudes
  • 6. Rights Annexed to the Use of Property: The Case of Water Rights
  • 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession
  • 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property
  • III TORTS
  • 9. The Structure of the Modern Civil and Common Law of Torts
  • 10. The Defendant's Conduct: Intent, Negligence, Strict Liability
  • 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality'
  • 12. Liability in Tort for Pure Economic Loss
  • IV CONTRACTS
  • 13. Promises
  • 14. Mistake
  • 15. Impossibility and Unexpected Circumstances
  • 16. Promises to Make a Gift
  • 17. Promises to Exchange
  • 18. Liability for Breach of Contract
  • V UNJUST ENRICHMENT
  • 19. The Principle against Unjustified Enrichment
  • 20. Restitution without Enrichment?
  • 20. Remedies in Restitution
巻冊次

ISBN 9780199291670

内容説明

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

目次

  • I THE ENTERPRISE
  • II PROPERTY
  • III TORTS
  • IV CONTRACTS
  • V UNJUST ENRICHMENT

「Nielsen BookData」 より

詳細情報

  • NII書誌ID(NCID)
    BA75296809
  • ISBN
    • 0199291675
    • 9780199227662
  • LCCN
    2005026997
  • 出版国コード
    uk
  • タイトル言語コード
    eng
  • 本文言語コード
    eng
  • 出版地
    Oxford
  • ページ数/冊数
    x, 481 p.
  • 大きさ
    24 cm
  • 分類
  • 件名
ページトップへ