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 v
... Jurists ii. The Medieval Jurists b. The Natural Law Schools i. The Late Scholastics ii. The Northern Natural Law School c. Codification and the Rise of Positivism i. France ii. Germany iii. Conceptualism in France and Germany 2. The ...
... Jurists ii. The Medieval Jurists b. The Natural Law Schools i. The Late Scholastics ii. The Northern Natural Law School c. Codification and the Rise of Positivism i. France ii. Germany iii. Conceptualism in France and Germany 2. The ...
Página xxiii
... jurists “must have a basis in comparison.” To what extent, Tunc asked, have we heeded that injunction? His answer was gloomy. He described the story of our efforts aimed at legal unification as sad; and most attempts to improve our ...
... jurists “must have a basis in comparison.” To what extent, Tunc asked, have we heeded that injunction? His answer was gloomy. He described the story of our efforts aimed at legal unification as sad; and most attempts to improve our ...
Página xxvi
... jurists must have a basis in comparison.” They “must have a basis in comparison.” To what extent in the last twenty years did we heed this injunction? The story of the efforts to create a “world law” is sad; only disappointingly meager ...
... jurists must have a basis in comparison.” They “must have a basis in comparison.” To what extent in the last twenty years did we heed this injunction? The story of the efforts to create a “world law” is sad; only disappointingly meager ...
Página xxvii
... jurist easy access, not only to the laws, but to the trends of the laws of a great many countries. As the logistic difficulties are overcome in this and other ways, the law schools must ask themselves whether they cannot do more to ...
... jurist easy access, not only to the laws, but to the trends of the laws of a great many countries. As the logistic difficulties are overcome in this and other ways, the law schools must ask themselves whether they cannot do more to ...
Página xxix
... jurists had led to attempts to force common-law institutions and doctrines into civilian molds which retarded their ... jurist must have a basis in comparison. Not the least problem of legal education today is what to leave out of the ...
... jurists had led to attempts to force common-law institutions and doctrines into civilian molds which retarded their ... jurist must have a basis in comparison. Not the least problem of legal education today is what to leave out 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