Comparative Contract Law

Titre : Comparative Contract Law
Auteur : Pier Giuseppe Monateri
Éditeur : Edward Elgar Publishing
ISBN-13 : 9781785369179
Libération : 2017-04-28

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This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Comparative Contract Law

Titre : Comparative Contract Law
Auteur : Larry A. DiMatteo
Éditeur : Oxford University Press
ISBN-13 : 9780198728733
Libération : 2016-01-09

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Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these twojurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formationand defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved,and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Comparative Contract Law

Titre : Comparative Contract Law
Auteur : Thomas Kadner Graziano
Éditeur : Palgrave MacMillan
ISBN-13 : 0230579795
Libération : 2009

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This is a guide to the principles of European private law enhanced by a practical approach designed to promote learning by doing. Students are introduced to comparative methodology by working through a series of scenarios to be solved.

Comparative Contract Law

Titre : Comparative Contract Law
Auteur : P. D. V. Marsh
Éditeur : Gower Publishing Company
ISBN-13 : UOM:35112200469916
Libération : 1994

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An comparison of contract law in England, France and Germany.

Comparative Contract Law and Economics

Titre : Comparative Contract Law and Economics
Auteur : Mitja Kovač
Éditeur : Edward Elgar Pub
ISBN-13 : 1849809739
Libération : 2011-01-01

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'This monograph sets a model for what good comparative law and economics scholarship should look like. Solid legal thinking is coupled with sound and accessible economic analysis, with attention to real life legal problems.' - Francesco Parisi, University of Minnesota, US and University of Bologna, Italy

Contract Law

Titre : Contract Law
Auteur : Jan M. Smits
Éditeur : Edward Elgar Publishing
ISBN-13 : 9781785368776
Libération : 2017-06-30

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This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Comparative Contract Law

Titre : Comparative Contract Law
Auteur : Tadas Klimas
Éditeur :
ISBN-13 : 0890895066
Libération : 2006-01-01

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This is a casebook with an emphasis on Continental law, in a comparative, American-style format, with many references to U.S. and U.K. law. It illustrates the treatment of the most important topics of contract law by the various civil-law jurisdictions. Each chapter begins with an introductory exposition, comparing and contrasting the law of the various jurisdictions, with numerous examples. This is followed by cases drawn from France, Brazil, Lithuania, Quebec, Russia, and other jurisdictions, as well as some from the United States. Each chapter ends with a set of exercises. The book serves as a good introduction to the principles of European Contract Law, which is the first step taken by Europe towards a pan-European contracts code. It can be used to teach American law students about Continental law in a familiar, case-based, format. It can also be used for teaching comparative contract law to European law students in the Socratic method. A teacher's manual will be available.

Promises and Contract Law

Titre : Promises and Contract Law
Auteur : Martin Hogg
Éditeur : Cambridge University Press
ISBN-13 : 9781139496056
Libération : 2011-07-14

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Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.

General Clauses and Standards in European Contract Law

Titre : General Clauses and Standards in European Contract Law
Auteur : Stefan Grundmann
Éditeur : Kluwer Law International
ISBN-13 : 9789041124326
Libération : 2006

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General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground; EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; and the European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Comparative Contract Law

Titre : Comparative Contract Law
Auteur : John O. Haley
Éditeur : Edward Elgar Publishing
ISBN-13 : 1785369415
Libération : 2017-10-27

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As cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law--the United States and the British Commonwealth--and Civil Law--French versus German law--has thus become imperative. Together with an original introduction by the editor this compilation of classic key papers by leading scholars endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.