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 75
Página xiii
... Objects in One's Custody in French Law i. Introduction ii. The Rise of Strict Liability iii. The Requirement of an “Act of an Object” iv. Cas Fortuit and Force Majeure “Guard” vi. The Extent of Liability c. Liability for Defective ...
... Objects in One's Custody in French Law i. Introduction ii. The Rise of Strict Liability iii. The Requirement of an “Act of an Object” iv. Cas Fortuit and Force Majeure “Guard” vi. The Extent of Liability c. Liability for Defective ...
Página xiv
... Objects Roman Law Anglo-American Law French Law German Law Chinese Law c. Treasure Roman Law Anglo-American Law French Law German Law Chinese Law d. Adverse Possession and Prescription Roman Law English Law Law in the United States ...
... Objects Roman Law Anglo-American Law French Law German Law Chinese Law c. Treasure Roman Law Anglo-American Law French Law German Law Chinese Law d. Adverse Possession and Prescription Roman Law English Law Law in the United States ...
Página xxi
... object for comparative studies. More specifically, the book reviews the transition of Chinese traditional laws and describes its transformation in modern times. It includes both Chinese substantive law (Chinese contract law, tort ...
... object for comparative studies. More specifically, the book reviews the transition of Chinese traditional laws and describes its transformation in modern times. It includes both Chinese substantive law (Chinese contract law, tort ...
Página 5
... object was actually delivered: for example, gratuitous loans for use or for consumption, gratuitous deposits for safekeeping, and pledges. Some were binding only if a formality was completed. Others were not binding until performance ...
... object was actually delivered: for example, gratuitous loans for use or for consumption, gratuitous deposits for safekeeping, and pledges. Some were binding only if a formality was completed. Others were not binding until performance ...
Página 8
... objects or fire. In every society, someone will sometimes possess something that is not his own: a bow, a pot, a skin. The genius of the Roman jurists was not to invent new concepts but to see the legal significance of ordinary ones ...
... objects or fire. In every society, someone will sometimes possess something that is not his own: a bow, a pot, a skin. The genius of the Roman jurists was not to invent new concepts but to see the legal significance of ordinary ones ...
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