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

by James Gordley, Hao Jiang, Arthur Taylor von Mehren

Overview

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.

Product Details

ISBN-13:	9781108798884
Publisher:	Cambridge University Press
Publication date:	01/28/2021
Edition description:	2nd Revised ed.
Pages:	700
Product dimensions:	6.69(w) x 9.65(h) x 1.57(d)

About the Author

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

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

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.

Editorial Reviews

Review of the hardback: '… this is a stimulating … resource.' European Tort Law

'The book is doubtless a very valuable tool for teaching comparative law … it is obvious that great care has been taken in the selection of the cases and materials that are included in the book … It gives the reader a fascinating insight into the origins of the common law and civil law, and has the capacity to inspire the reader to develop a life-long appreciation for, and interest in, comparative law … this is the type of book that, in a ideal world, every single law student should be exposed to.' Commonwealth Law Bulletin

From the Publisher