Fundamentals of European Civil Law

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Federation Press, 2010 - Law - 314 pages
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This book outlines the fundamentals of European civil law for readers more familiar with common law jurisdictions such as Australia, New Zealand, the UK and the US.This fully revised and updated second edition retains the successful structure of the first. The four chapters in Part A provide the general framework, covering the concept and method of comparative law, historical foundations, the concept of a civil code and codification, and the role of legislature and the judiciary. More specific and practical material is provided in Part B, with chapters on the law of contract, the law of tort, labour law, commercial law and court procedure. Part C looks to the future, examining differences between civil law and common law and the impact of the European Union.The focus throughout is on private law, particularly the civil laws of France and Germany, except where European Community law has made inroads into the (private) civil law. Each chapter thus incorporates the relevant materials on European Community law.

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Contents

CHAPTER
3
CHAPTER
10
References
20
References
38
Codes and Codification
41
References
65
Enforcement and Law Making
71
References
96
The French Case of Perruche
181
CHAPTER 7
187
Level of the European Union
201
References
213
References
235
References
255
Theories of Convergence and Divergence
261
References
274

CHAPTER 5
101
Performance Stage
122
ii Doorstep and Distance Selling
137
References
144
The Law of Tort 1 49
148
Select Legislation
281
Select Case Law
303
Index
309
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