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An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials

An Introduction to the Comparative Study of Private Law Readings, Cases, Materials

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9780521118576
  • Published In: September 2009
  • Format: Paperback , 640 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 660.00

HKD 640.20 Save HKD 19.80 (3%)

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  • Description 
  • Contents 
  • Details

    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.

    • Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field
    • Explores differences between the common law and civil law jurisdiction with examples from the legal systems of England and the United States, France and Germany,
    • Comprehensive introduction sets the material in context with reference to the subject’s most recent developments, notably those in the law of the European Union

  • 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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