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 xviii
... Given the cultural, linguistic, and ideological differences, Chinese law continues to mystify Western lawyers. Some think of Chinese law as a purely Western legal transplant while others regard China as a unique jurisdiction governed by ...
... Given the cultural, linguistic, and ideological differences, Chinese law continues to mystify Western lawyers. Some think of Chinese law as a purely Western legal transplant while others regard China as a unique jurisdiction governed by ...
Página xx
... given to status. Such a body of law corresponded with the doctrine of the Confucianists, who 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 ...
... given to status. Such a body of law corresponded with the doctrine of the Confucianists, who 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 ...
Página xxvii
... given to the comparative study of law. For students who read English, this book will be an excellent tool enabling them to view law not parochially but from a wider perspective. ANDRÉ TUNC Foreword To Arthur Taylor von Mehren, The Civil ...
... given to the comparative study of law. For students who read English, this book will be an excellent tool enabling them to view law not parochially but from a wider perspective. ANDRÉ TUNC Foreword To Arthur Taylor von Mehren, The Civil ...
Página 16
... given forlaesio enormis: a deviation between the contract price and the just price of more than half. The reason for requiring such a large deviation was the practical need to protect the stability of commerce.48 Only some of the Roman ...
... given forlaesio enormis: a deviation between the contract price and the just price of more than half. The reason for requiring such a large deviation was the practical need to protect the stability of commerce.48 Only some of the Roman ...
Página 17
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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