An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials
ISBN-13:
9780521681858
ISBN-10:
0521681855
Author:
James Gordley, Arthur Taylor von Mehren
Publication date:
2006
Publisher:
Cambridge University Press
Format:
Hardcover
640 pages
Category:
Comparative
,
Legal Theory & Systems
FREE US shipping
Book details
ISBN-13:
9780521681858
ISBN-10:
0521681855
Author:
James Gordley, Arthur Taylor von Mehren
Publication date:
2006
Publisher:
Cambridge University Press
Format:
Hardcover
640 pages
Category:
Comparative
,
Legal Theory & Systems
Summary
An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials (ISBN-13: 9780521681858 and ISBN-10: 0521681855), written by authors
James Gordley, Arthur Taylor von Mehren, was published by Cambridge University Press in 2006.
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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 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.
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