三民網路書店 / 搜尋結果

This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichme

Legal history helps us to understand modern law. This book contains the text on which Professor Zimmermann's October 1999 Clarendon lectures at the University of Oxford were based. The lectures combin

This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann January 27th, 2017. According to a widely held view, the law of succession is shape

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

An authoritative account of the German law of obligations after the reform legislation of 2002 and a critical assessment of the new law in historical and comparative perspective. The analysis covers t

The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.

This book serves two purposes: first, it provides a history of some of the main institutions of the South African law of contract, delict, and property and demonstrates how civil law and common law ca

The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipl

Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Wri

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first cent

This volume sets out initially to test the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content o

Intestate Succession is the second volume in the Comparative Succession Lawseries which examines the principles of succession law from a comparative and historical perspective. This volume discusses t

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from

With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively l

Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a