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

Portada
Cambridge University Press, 2021 M01 28 - 700 páginas
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.
 

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Páginas seleccionadas

Contenido

Preface page
xviii
Foreword by André Tunc
xxvi
Table of Cases
xxxv
Table of Legislation
l
Table of Restatements and Kindred Sources
lvii
TRADITIONS
3
The Medieval Jurists
9
b The Natural Law Schools
15
About Historical Events
379
Purely Economic Harm
408
180
428
THE CONDUCT FOR WHICH ONE IS LIABLE
441
Intent
446
Strict Liability
448
184
455
188
474

Since the Nineteenth Century
34
A Law of Punishments
42
INSTITUTIONS
65
B China
122
THE LAW OF OBLIGATIONS
133
Common
141
Liability before a Final Commitment Is Made
160
Mistake
178
Contracts
221
Fairness of the Auxiliary Terms
227
Changed Circumstances
249
Damages
276
178
277
TORT LAW
301
Harm to Dignity
316
Invasion of Privacy
350
b Liability for Harm Caused by Objects in Ones Custody
497
191
510
FAIRNESS
521
UNJUST ENRICHMENT
526
MUST ONE PARTY GAIN AT THE OTHERS
542
Recovery When It Is Doubtful What the Defendant Gained
547
Denial of Recovery When the Plaintiff Lost and
553
Treasure
564
Ihering
576
Easements
624
Fairness of the Price Term
635
English
644
Necessity and Land Use
649
Index
658
Derechos de autor

Otras ediciones - Ver todas

Términos y frases comunes

Acerca del autor (2021)

James Gordley holds the W. R. Irby Chair in Law at Tulane University, and specialises in comparative and contract law.

Hao Jiang is an assistant professor of comparative law at Universit... Bocconi. He writes in the areas of American corporate and contract law, Chinese and European civil law and comparative law.

Arthur Taylor von Mehren was Professor of Law at Harvard University, Massachusetts, and was a world-renowned scholar in international and comparative law.

Información bibliográfica