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

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Cambridge University Press, Jul 6, 2006 - Law - 581 pages
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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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Contents

Foreword by Reinhard Zimmermann
xv
Foreword by Andre Tunc
xxi
Acknowledgments
xxvii
Table of legislation
xlvii
Table of restatements and kindred sources
liii
INTRODUCTORY READINGS
3
b The writ system
10
Roman law
18
Harm to dignity
246
rights
258
Invasion of privacy
266
Purely economic harm
306
Harm suffered because another is harmed
322
THE CONDUCT FOR WHICH ONE IS LIABLE
335
Failing to be in a fit state to rescue
373
Common law
421

CODIFICATION
46
The interpretation of the Code
61
France
99
England
110
The European Union
121
PROPERTY LAW
141
Adverse possession and prescription
148
OWNERSHIP
157
The general principle
217
Necessity and land use
227
Liability before a final commitment is made
432
Mistake
448
Fairness of the auxiliary terms
486
Changed circumstances
503
REMEDIES
527
Damages
535
UNJUST ENRICHMENT
552
UNJUST ENRICHMENT WHEN IT
562
Copyright

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About the author (2006)

James Gordley is Shannon Cecil Turner Professor of Jurisprudence, University of California at Berkeley. He has published extensively on comparative law and jurisprudence and has held the post of visiting professor at many European universities.

Arthur T. von Mehren (1922-2006) was Professor of Law Emeritus at Harvard Law School. He represented the United States for 38 years in the Hague Conference of Private International Law. He wrote 210 publications in English, French, Spanish, Italian, German, and Japanese. They include the groundbreaking Civil Law System, his pioneering two books and nine articles on Japanese law, his highly original Law of Multistate Problems, his foundational monographs on contract formation and form, his articles on jurisdiction, and his award-winning Hague lectures.

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