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An Introduction to the Comparative Study of Private Law
Readings, Cases, Materials

2nd Edition

$67.99 (P)

  • Date Published: January 2021
  • availability: Available
  • format: Paperback
  • isbn: 9781108798884

$ 67.99 (P)
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About the Authors
  • 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.

    • Extensive collection of readings on the foundations of private law from a comparative perspective edited by a leading expert in the field
    • Presents the principal doctrines of the private law of the United States, England, France, Germany and China
    • Provides historical background and original sources showing at what point and why differences between legal systems emerged
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    Product details

    • Edition: 2nd Edition
    • Date Published: January 2021
    • format: Paperback
    • isbn: 9781108798884
    • length: 700 pages
    • dimensions: 245 x 170 x 40 mm
    • weight: 1.28kg
    • availability: Available
  • Table of Contents

    Preface
    Foreword by Shiyuan Han
    Foreword by Reinhard Zimmermann
    Foreword by André Tunc
    Foreword by Roscoe Pound
    1. Traditions
    2. Institutions
    Part I. The Law of Obligations:
    3. The structure of contract law
    4. Voluntary commitment
    5. Fairness
    6. Excuses for non-performance
    7. Remedies
    8. The scope of the rights protected
    9. The conduct for which one is liable
    10. The principle
    11. Must one party gain at the other's expense?
    Part II. The Law of Property:
    12. Possession
    13. Ownership.

  • Authors

    James Gordley, Tulane University, Louisiana
    James Gordley holds the W. R. Irby Chair in Law at Tulane University, and specialises in comparative and contract law.

    Hao Jiang, Bocconi University
    Hao Jiang is an assistant professor of comparative law at Università Bocconi. He writes in the areas of American corporate and contract law, Chinese and European civil law and comparative law.

    Arthur Taylor von Mehren, Harvard Law School, Massachusetts
    Arthur Taylor von Mehren was Professor of Law at Harvard University, Massachusetts, and was a world-renowned scholar in international and comparative law.

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