An introduction to the comparative study of private law : readings, cases, materials

Bibliographic Information

An introduction to the comparative study of private law : readings, cases, materials

James Gordley, Arthur Taylor von Mehren

Cambridge University Press, 2009, c2006

  • : pbk

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Note

Includes bibliographical references and index

"First published 2006, this digitally printed version 2009"--T.p. verso

Description and Table of Contents

Description

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.

Table of Contents

  • Introductory Readings: 1. History: English law and Roman law
  • 2. Codification
  • 3. Institutions - Comparative Private Law: Property, Torts, Contracts, Unjust Enrichment
  • Part I. Property Law: 1. Possession
  • 2. Ownership
  • 3. The Doctrine of Necessity
  • Part II. Tort Law: 1. The Scope of the Rights Protected
  • 2. Conduct for Which One is Liable
  • Part III. Contract Law: 1. The Structure of Contract Law
  • 2. Voluntary Commitment
  • 3. Fairness
  • 4. Excuse for Non-Performance
  • 5. Remedies
  • Part IV. Unjust Enrichment: 1. The Principle
  • 2. Unjust Enrichment When the Plaintiff Did Not Lose
  • 3. Unjust Enrichment When it is Doubtful What the Defendant Gained.

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Details

  • NCID
    BB00675642
  • ISBN
    • 9780521118576
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Cambridge, UK
  • Pages/Volumes
    lvi, 581 p.
  • Size
    26 cm
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