Comparative Law in Practice Contract Law in a Mid-Channel Jurisdiction
Langue : Anglais
Auteur : FAIRGRIEVE Duncan
This book provides a comparative study of contract law, examining the
interaction of common law and civil law approaches to contract law.
Drawing extensively upon English, French and European law, the book
explores how the law of contract of Jersey, Channel Islands, has been
influenced by both civil law and common law sources. It is argued that
this jurisdiction is a striking example of comparative law in action,
given that the contract law is made up of a blend of common law and civil
law approaches, with the law premised upon a subjective approach to
contracts, in which civil law concepts such as cause (rather than
consideration) and vices de consentement are the foundational aspects, but
which is nonetheless highly influenced by the common law in areas such as
remedies (damages, termination etc).
The book analyses a series of key issues from a comparative and European perspective, including principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), structure and approach of pre-contractual liability, role of good faith in a mixed system, the architecture of remedies and more.
The book analyses a series of key issues from a comparative and European perspective, including principles underlying contract law (comparing and contrasting civil and common law approaches), the formation of contract, requirements of reciprocity (cause vs consideration), structure and approach of pre-contractual liability, role of good faith in a mixed system, the architecture of remedies and more.
Contract law academic studying either common or civil law systems,
comparative private lawyers and practicing lawyers
Duncan Fairgrieve is Senior Research Fellow in Comparative Law at the British Institute of International and Comparative Law and Professeur
Associé at Université Paris Dauphine PSL, France.
Date de parution : 09-2016
Ouvrage de 208 p.
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 83,96 €
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