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. |
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Página xx
... considered family and social status as the essential themes of li (礼) and the backbone of the social order. Since the Opium War broke out in 1840, China and the two other east Asian countries, Japan and Korea, were obliged to face a ...
... considered family and social status as the essential themes of li (礼) and the backbone of the social order. Since the Opium War broke out in 1840, China and the two other east Asian countries, Japan and Korea, were obliged to face a ...
Página xxiii
... considered; and as a precursor various “restatements” of specific areas of European private law have been published or are in the process of preparation. The internationalization of private law is also vigorously promoted by the uniform ...
... considered; and as a precursor various “restatements” of specific areas of European private law have been published or are in the process of preparation. The internationalization of private law is also vigorously promoted by the uniform ...
Página 6
... considered to what extent a person acts voluntarily when he acts under duress. He never discussed negligence. Similarly, when the Greek philosophers discussed property, they discussed the justification for it. Plato proposed that in the ...
... considered to what extent a person acts voluntarily when he acts under duress. He never discussed negligence. Similarly, when the Greek philosophers discussed property, they discussed the justification for it. Plato proposed that in the ...
Página 16
... considered separate branches of law such as contract, tort, and property. The late scholastics, followed by Grotius, reclassified the particular contracts of Roman law. Some, such as sales and leases, were governed by Aristotle's ...
... considered separate branches of law such as contract, tort, and property. The late scholastics, followed by Grotius, reclassified the particular contracts of Roman law. Some, such as sales and leases, were governed by Aristotle's ...
Página 26
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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