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

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


Contents


Introductory Readings:

I. History: English law and Roman law


II. Codification


III. Institutions. Comparative Private Law: Property, Torts, Contracts, Unjust Enrichment.

Part One: Property Law.

I. Possession


II. Ownership


III. The Doctrine of Necessity


Part Two: Tort Law.

I. The Scope of the Rights Protected


II. Conduct for Which One is Liable


Part Three: Contract Law.

I. The Structure of Contract Law


II. Voluntary Commitment


III. Fairness


IV. Excuse for Non-Performance


V. Remedies


Part Four: Unjust Enrichment.

I. The Principle


II. Unjust Enrichment When the Plaintiff Did Not Lose


III. Unjust Enrichment When it is Doubtful What the Defendant Gained.

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