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An Introduction to the Comparative Study of Private Law

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

  • Date Published: September 2009
  • availability: Available
  • format: Paperback
  • isbn: 9780521118576


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About the Authors
  • 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
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    Reviews & endorsements

    Review of the hardback: '… this is a stimulating … resource.' European Tort Law

    'The book is doubtless a very valuable tool for teaching comparative law … it is obvious that great care has been taken in the selection of the cases and materials that are included in the book … It gives the reader a fascinating insight into the origins of the common law and civil law, and has the capacity to inspire the reader to develop a life-long appreciation for, and interest in, comparative law … this is the type of book that, in a ideal world, every single law student should be exposed to.' Commonwealth Law Bulletin

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    Product details

    • Date Published: September 2009
    • format: Paperback
    • isbn: 9780521118576
    • length: 640 pages
    • dimensions: 244 x 170 x 33 mm
    • weight: 1kg
    • availability: Available
  • 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.

  • Authors

    James Gordley, University of California, Berkeley

    Arthur Taylor von Mehren, Harvard University, Massachusetts

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