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An Introduction to the Comparative Study of Private Law
By
James Gordley, Arthur T. von Mehren
Description
This collection of
readings sets out the two fundamental distinctions between common and
civil law, namely that the former originated in the English courts,
the latter in the Roman legal tradition, and that the common law is
based on judicial decisions whereas codes form the basis of modern
civil law. The core of book consists of cases, statutes and code
provisions shaping the doctrines central to the law of property,
tort, contract and unjust enrichment in the United States, England,
France and Germany. These materials provide a road map of the law of
each, allowing the reader to consider how doctrines differ, how these
differences emerged, and whether the underlying problems and
solutions are common to all. They also allow for comparison to be
made between the approaches of common and civil law, and to consider
the extent to which they depend on the origin and nature of the law.
• Extensive
collection of readings on the foundations of private law from a
comparative perspective edited by a leading expert in the field •
Explores differences between the common law and civil law
jurisdiction with examples from the legal systems of England and the
United States, France and Germany, • Comprehensive introduction
sets the material in context with reference to the subject’s
most recent developments, notably those in the law of the European
Union
Contents
Introductory
Readings: I. History: English law and Roman law; II. Codification;
III. Institutions - Comparative Private Law: Property, Torts,
Contracts, Unjust Enrichment; Part I. Property Law: I. Possession;
II. Ownership; III. The Doctrine of Necessity; Part II. Tort Law: I.
The Scope of the Rights Protected; II. Conduct for Which One is
Liable; Part III. Contract Law: I. The Structure of Contract Law; II.
Voluntary Commitment; III. Fairness; IV. Excuse for Non-Performance;
V. Remedies; Part IV. Unjust Enrichment: I. The Principle; II. Unjust
Enrichment When the Plaintiff Did Not Lose; III. Unjust Enrichment
When it is Doubtful What the Defendant Gained.
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