An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials, 2nd Edition

Author: James Gordley; Arthur Taylor von Mehren
Publisher: Cambridge University Press
ISBN: 9781108798884

Previous Edition ISBN: 9780521118576
Published In: January 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

• Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field

• Presents the principal doctrines of the private law of the United States, England, France, Germany and China

• Provides historical background and original sources showing at what point and why differences between legal systems emerged

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.