An Introduction to the Comparative Study of Private Law: Readings, Cases, MaterialsCambridge University Press, 2006. gada 6. jūl. 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 the 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. |
No grāmatas satura
1.–5. rezultāts no 81.
viii. lappuse
... Harm to dignity 246 a. Insult in general 246 Traditional common law 246 Modern English law 247 Modern law in the ... harm 306 a. Liability in principle for purely economic harm: 306 French law b. No liability in principle for purely ...
... Harm to dignity 246 a. Insult in general 246 Traditional common law 246 Modern English law 247 Modern law in the ... harm 306 a. Liability in principle for purely economic harm: 306 French law b. No liability in principle for purely ...
ix. lappuse
... harm to a third party's property 313 Anglo-American law 313 German law 315 Plaintiff's property made unusable 316 ... Harm suffered because another is harmed 322 Traditional Anglo-American law 322 Modern law in the United States 324 ...
... harm to a third party's property 313 Anglo-American law 313 German law 315 Plaintiff's property made unusable 316 ... Harm suffered because another is harmed 322 Traditional Anglo-American law 322 Modern law in the United States 324 ...
x. lappuse
... harm 373 Liability for dangerous or "non-natural" activities 373 The general principle 373 English law 373 Law in the United States 380 German law 382 Liability to the abnormally or unexpectedly vulnerable 388 English law 388 Law in the ...
... harm 373 Liability for dangerous or "non-natural" activities 373 The general principle 373 English law 373 Law in the United States 380 German law 382 Liability to the abnormally or unexpectedly vulnerable 388 English law 388 Law in the ...
xii. lappuse
... harm 536 English law 536 Law in the United States 538 French law 538 German law 539 Recovery for unforeseeable harm 541 Origins 541 Modern law 543 xii CONTENTS.
... harm 536 English law 536 Law in the United States 538 French law 538 German law 539 Recovery for unforeseeable harm 541 Origins 541 Modern law 543 xii CONTENTS.
xiii. lappuse
... harm 541 Origins 541 Modern law 543 French law 543 English law 545 Law in the United States 547 The "Lando Principles" 548 The Unidroit Principles 548 German law 549. PART. FOUR: UNJUST. ENRICHMENT. 552. I. THE PRINCIPLE 552 Roman law 552 ...
... harm 541 Origins 541 Modern law 543 French law 543 English law 545 Law in the United States 547 The "Lando Principles" 548 The Unidroit Principles 548 German law 549. PART. FOUR: UNJUST. ENRICHMENT. 552. I. THE PRINCIPLE 552 Roman law 552 ...
Saturs
Foreword by Reinhard Zimmermann | xv |
Foreword by André Tunc | xxi |
Acknowledgments | xxvii |
Table of legislation | xlvii |
Table of restatements and kindred sources | liii |
INTRODUCTORY READINGS | 3 |
b The writ system | 10 |
Roman law | 18 |
Necessity and land use | 227 |
Harm to dignity | 246 |
Invasion of privacy | 266 |
Purely economic harm | 306 |
Harm suffered because another is harmed | 322 |
THE CONDUCT FOR WHICH ONE IS LIABLE | 335 |
Failing to be in a fit state to rescue | 373 |
Common law | 421 |
CODIFICATION | 46 |
The interpretation of the Code | 61 |
France | 99 |
England | 110 |
The European Union | 121 |
PROPERTY LAW | 141 |
Adverse possession and prescription | 148 |
OWNERSHIP | 157 |
easements covenants and servitudes | 196 |
The general principle | 217 |
Liability before a final commitment is made | 432 |
Mistake | 448 |
Fairness of the auxiliary terms | 486 |
Changed circumstances | 503 |
REMEDIES | 527 |
Damages | 535 |
UNJUST ENRICHMENT | 552 |
UNJUST ENRICHMENT WHEN IT | 562 |
Citi izdevumi - Skatīt visu
An Introduction to the Comparative Study of Private Law: Readings, Cases ... James Gordley,Hao Jiang,Arthur Taylor von Mehren Ierobežota priekšskatīšana - 2021 |
An Introduction to the Comparative Study of Private Law: Readings, Cases ... James Gordley,Arthur Taylor von Mehren Ierobežota priekšskatīšana - 2006 |
An Introduction to the Comparative Study of Private Law: Readings, Cases ... James Gordley,Hao Jiang,Arthur Taylor von Mehren Ierobežota priekšskatīšana - 2021 |
Bieži izmantoti vārdi un frāzes
accepted accident according action agreed allowed American appear apply authority called caused century circumstances Civil Code claim Commission common common law compensation concerned concluded condition conduct consideration considered Constitution contract Council Cour de cassation course court damages decision defendant Directive duty easement effect English established example fact fault France French German give given ground harm held injury intention interest judges judgment jurists land lawyers legislation liability limited loss matter means Member nature necessary negligence object obligation opinion owner particular party performance person plaintiff position possession practice present principle procedure protection question reason recover referred regard responsibility result Roman rule suffered taken thing tion Torts trial unjust enrichment