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

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

James Gordley, Hao Jiang, Arthur Taylor von Mehren

Cambridge University Press, 2021

2nd ed

  • : hardback

Available at  / 2 libraries

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Includes index

Description and Table of Contents

Description

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.

Table of Contents

  • Preface
  • Foreword by Shiyuan Han
  • Foreword by Reinhard Zimmermann
  • Foreword by Andre 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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