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 80
Página xxix
... called for comparative method throughout the world is general economic unification and new means and methods of transportation and communication which have been making the whole world one neighborhood. Jhering, emphasizing the effect of ...
... called for comparative method throughout the world is general economic unification and new means and methods of transportation and communication which have been making the whole world one neighborhood. Jhering, emphasizing the effect of ...
Página 4
... called the praetor, appoint a judge (iudex) and issue an instruction (formula) telling the judge what to do. The instructions were very general. They might tell the judge that if Octavius had bought a horse from Titius for 100 sesterces ...
... called the praetor, appoint a judge (iudex) and issue an instruction (formula) telling the judge what to do. The instructions were very general. They might tell the judge that if Octavius had bought a horse from Titius for 100 sesterces ...
Página 9
... called “the four doctors of Bologna.” Later medieval jurists traced their pedigrees through them. It is unlikely that Irnerius was the first or the only one to lecture on Roman law. Nevertheless, the revival of Roman law began around ...
... called “the four doctors of Bologna.” Later medieval jurists traced their pedigrees through them. It is unlikely that Irnerius was the first or the only one to lecture on Roman law. Nevertheless, the revival of Roman law began around ...
Página 10
... called the Glossators because their writings consisted largely of glossae or notes written in the margins of manuscripts of the Corpus iuris. The notes might clarify an obscure term, or interpret a rule, or reconcile one text with a ...
... called the Glossators because their writings consisted largely of glossae or notes written in the margins of manuscripts of the Corpus iuris. The notes might clarify an obscure term, or interpret a rule, or reconcile one text with a ...
Página 11
... called“the scholastic method” – literally “the method of the schools” – and was used to study theology, philosophy, politics, ethics, and virtually every other subject taught in a medieval university. Each authority had to be reconciled ...
... called“the scholastic method” – literally “the method of the schools” – and was used to study theology, philosophy, politics, ethics, and virtually every other subject taught in a medieval university. Each authority had to be reconciled ...
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