An Introduction to the Comparative Study of Private Law: Readings, Cases, MaterialsCambridge University Press, 2021 M01 28 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. |
Dentro del libro
Resultados 1-5 de 88
Página vi
... China 1. Law in Imperial China a. Law versus Li b. Distributive Justice versus Commutative Justice c. The Responsibility of the Family versus that of the Individual d. A Law of Punishments 2. Law in Modern China a. The Early Twentieth ...
... China 1. Law in Imperial China a. Law versus Li b. Distributive Justice versus Commutative Justice c. The Responsibility of the Family versus that of the Individual d. A Law of Punishments 2. Law in Modern China a. The Early Twentieth ...
Página vii
... Chinese Law VOLUNTARY COMMITMENT 133 141 146 152 1. 152 152 155 156 156 157 158 160 160 The Moment at which a Commitment Is Binding Common Law German Law French Law Chinese Law The Draft Common Frame of Reference The Unidroit Principles ...
... Chinese Law VOLUNTARY COMMITMENT 133 141 146 152 1. 152 152 155 156 156 157 158 160 160 The Moment at which a Commitment Is Binding Common Law German Law French Law Chinese Law The Draft Common Frame of Reference The Unidroit Principles ...
Página viii
... Chinese Law The Draft Common Frame of Reference The Unidroit Principles of International Commercial Contracts c. Chinese Law and the State-Owned Enterprise 2. Fairness of the Auxiliary Terms English Law Law in the United States French ...
... Chinese Law The Draft Common Frame of Reference The Unidroit Principles of International Commercial Contracts c. Chinese Law and the State-Owned Enterprise 2. Fairness of the Auxiliary Terms English Law Law in the United States French ...
Página ix
... Chinese Law 2. Damages a. The General Principle English Law Law in the United States French Law German Law Chinese Law b. Excessive Cost of Performance English Law Law in the United States French Law German Law Chinese Law c. Liquidated ...
... Chinese Law 2. Damages a. The General Principle English Law Law in the United States French Law German Law Chinese Law b. Excessive Cost of Performance English Law Law in the United States French Law German Law Chinese Law c. Liquidated ...
Página x
... Chinese Law i. The Absence of Private Law ii. The Sources of Contemporary Chinese Tort Law iii. The Scope of Rights Protected 2. Harm to Dignity a. Insult in General Traditional Common Law Modern English Law Modern Law in the United ...
... Chinese Law i. The Absence of Private Law ii. The Sources of Contemporary Chinese Tort Law iii. The Scope of Rights Protected 2. Harm to Dignity a. Insult in General Traditional Common Law Modern English Law Modern Law in the United ...
Contenido
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 |
Otras ediciones - Ver todas
An Introduction to the Comparative Study of Private Law: Readings, Cases ... James Gordley,Arthur Taylor von Mehren Vista previa limitada - 2006 |
An Introduction to the Comparative Study of Private Law: Readings, Cases ... James Gordley,Arthur Taylor von Mehren Vista previa limitada - 2006 |
Términos y frases comunes
accepted accident according action agreed agreement allowed American amount appeal apply ARTICLE authority breach called caused century Chinese circumstances Civil Code claim common law compensation concerned concluded condition conduct considered constitute contract controller Cour de cassation court damages decision defendant doctrine duty economic effect English example existence expected expression fact fault freedom French German give given ground harm held individual injury intention interest judges judgment jurists land lawyers liability limited loss matter means Member natural necessary negligence Note object obligation opinion owner particular party performance personal data plaintiff position present principle procedure processing protection question reasonable received recover referred regard relation responsible result Roman rule suffered taken thing tort trial unjust enrichment