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The German Law of Contract
By
Basil S. Markesinis, Hannes Unberath, Angus Johnst
Description
Recently the
contract section of the German Code was radically amended after one
hundred years of un-altered existence. \"The German Law of
Contract\", radically recast, enlarged, and re-written, now
details and explains for the first time these changes for the benefit
of Anglophone lawyers. Along with its companion work, \\\'The German Law
of Torts\", the two volumes provide, in a total of some 2,000
pages, one of the fullest accounts of the German Law of Obligations
available in the English (or German) language. One hundred and twenty
translated contract decisions make this work a unique source-book for
students, practitioners, judges and academics wishing to have access
to prime sources. Through its method of presentation of German law,
the book also represents an original contribution to the art of
comparison. An additional feature of the Contract volume is the way
in which it reveals the growing impact which European Directives are
having on the traditional, liberal, contract model, thereby bringing
German and English law closer to each other, especially in the area
of consumer protection. The book will be of use to law students
reading contracts and comparative law, practitioners, judges and
businessmen.
Contents
Ch. 1
Introduction 1
Ch. 2 The
formation of a contract 55
Ch. 3 The context
of a contract 119
Ch. 4 Relaxations
to contractual privity 181
Ch.
5 Validity 227
Ch. 6 Setting the
contract aside 263
Ch. 7 The
doctrine of the foundation of the transaction 319
Ch. 8 The
performance of a contract 349
Ch. 9 Breach of
contract : general principles 379
Ch. 10 Breach of
contract-specific contracts 493
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