An Introduction to Comparative Law,9780198268598

An Introduction to Comparative Law

by ; ;
Edition: 3rd
ISBN13: 9780198268598
ISBN10: 0198268599
Format: Paperback
Pub. Date: 1998-11-12
Publisher(s): Clarendon Press
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Summary

This book first discusses the nature of Comparative Law, its functions, aims, methods and history, then surveys the main features of the major legal families of the world. Extremely well written, this text outlines all the major legal systems of the world and details individual areas of law within these systems. Its prior edition has been highly regarded world-wide since its publication and was translated into many languages including Italian, Japanese and Russian. This third edition has been updated and contains useful new material including a chapter on Japanese Law. It has been skillfully translated from the German by Tony Weir. A key resource, this text provides the framework for a study of comparative law.

Author Biography


Konrad Zweigert, Late Director, Max Planck Institute for Foreign and International Private Law, Hamburg, and Hein Kötz, Director, Max Planck Institute for Foreign and International Private Law, Hamburg

Translated by Tony Weir, Fellow, Trinity College, University of Cambridge

Table of Contents

PART I
Abbreviations xi
Table of Cases
xxi
A. GENERAL CONSIDERATIONS
The Concept of Comparative Law
1(12)
The Functions and Aims of Comparative Law
13(19)
The Method of Comparative Law
32(16)
The History of Comparative Law
48(15)
B. THE LEGAL FAMILIES OF THE WORLD
The Style of Legal Families
63(11)
The Romanistic Legal Family
The History of French Law
74(11)
The Spirit and Essential Features of the Code Civil
85(13)
The Reception of the Code Civil
98(21)
Courts and Lawyers in France
119(13)
The Germanic Legal Family
The History of German Law
132(11)
The German Civil Code
143(14)
The General Civil Code of Austria
157(10)
The Swiss Civil Code
167(13)
The Anglo-American Legal Family
The Development of the English Common Law
180(25)
Courts and Lawyers in England
205(13)
The Spread of the Common Law Throughout the World
218(20)
The Law of the United States of America
238(18)
Law-Finding and Procedure in Common Law and Civil Law
256(20)
The Nordic Legal Family
Scandinavian Law, Past and Present
276(10)
Law in the Far East
Chinese Law
286(9)
Japanese Law
295(8)
Religious Legal Systems
Islamic Law
303(10)
Hindu Law
313(10)
PART II
C. CONTRACT
The Formation of Contracts
Freedom of Contract and its Limits
323(25)
Contractual Capacity
348(8)
Offer and Acceptance
356(9)
Formal Requirements
365(15)
Illegality and Immorality
380(8)
Indicia of Seriousness
388(12)
The Construction of Contracts
400(10)
Mistake, Deceit, and Duress
410(21)
Representation
431(11)
Assignment
442(14)
Contracts for the Benefit of Third Parties
456(14)
The Performance of Contracts
Claims to Performance and Their Enforcement
470(16)
Breach of Contract
486(30)
The Effect of Supervening Events
516(21)
D. UNJUSTIFIED ENRICHMENT
Unjustified Enrichment in General
537(29)
Unjustified Enrichment---Specific Topics
566(29)
E. TORT
Tort in General
595(34)
Liability for Others
629(17)
Strict Liability
646(39)
Invasions of the Right of Personality
685(24)
Index 709

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