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 87
Página xxviii
... authority upon a question of the law offixtures. As late as 1880 Langdell, trained under Parsons in the fifties, included a discussion by Merlin in a summary of the law of contracts. To the Middle Ages the academic ideal of all Europe ...
... authority upon a question of the law offixtures. As late as 1880 Langdell, trained under Parsons in the fifties, included a discussion by Merlin in a summary of the law of contracts. To the Middle Ages the academic ideal of all Europe ...
Página 3
... authority: in new cases courts are supposed to follow the precedent set in earlier cases. Statutes have a higher authority: in case of a conflict between precedent and statute, courts are supposed to follow the statutes. Yet, for the ...
... authority: in new cases courts are supposed to follow the precedent set in earlier cases. Statutes have a higher authority: in case of a conflict between precedent and statute, courts are supposed to follow the statutes. Yet, for the ...
Página 6
... authority to make their own laws. The language of the law said that one had to make compensation for harm done “iniuria,” which, in this context, meant without right or unlawfully. The jurists decided that a person was liable only if he ...
... authority to make their own laws. The language of the law said that one had to make compensation for harm done “iniuria,” which, in this context, meant without right or unlawfully. The jurists decided that a person was liable only if he ...
Página 10
... authorities hired law graduates to help with the legal aspects of governing. To be a jurist now meant to be an expert ... authority for his opinion except, possibly, the opinion of another jurist. The medieval jurist was an expert on the ...
... authorities hired law graduates to help with the legal aspects of governing. To be a jurist now meant to be an expert ... authority for his opinion except, possibly, the opinion of another jurist. The medieval jurist was an expert on the ...
Página 11
... authority had to be reconciled with every other. In law, it was like the method that lawyers use today when they reconcile one statutory provision with another, or one judicial decision with another. In his book The Renaissance of the ...
... authority had to be reconciled with every other. In law, it was like the method that lawyers use today when they reconcile one statutory provision with another, or one judicial decision with another. In his book The Renaissance of the ...
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