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Comparative Contract Law: Exercises in Comparative Methodology / by Thomas Kadner Graziano

By: Material type: TextTextPublication details: UK: Edward Elgar Publishing Limited, 2023.Description: 714p. ; 24cmISBN:
  • 9781800373686
Subject(s): DDC classification:
  • 346.402 KAD
Contents:
Content PART A: INTRODUCTION Chapter 1: Contract law in the 21st century - the purpose of this book Chapter 2: A case-oriented and multilateral approach to the teaching and studying of comparative law Chapter 3: Is it legitimate and beneficial for judges to compare? PART B CASE STUDIES I. Formation of contracts Case study 1: Offer or invitation to treat (invitatio ad offerendum)? Case study 2: Conditions for the formation of a contract - agreement or more? (cause and considerati Case study 3: Obligation to maintain an offer or freedom to revoke it? Case study 4: Modification of contracts – the free will of the parties or limits on the freedom to Case study 5: The battle of forms II. Performance of contracts Case study 6: A right to performance of the contract or only a right to damages? Case study 7 Damages and the role of fault in the event of delivery of goods not in conformity with Case study 8 Contractual penalty clauses Case study 9 Termination or alteration of a contract in the event of a fundamental change of circums Case study 10 Contracts and the transfer of ownership in movable property III. The law applicable to cross-border contracts and the future of European contract law Case study 11 The law applicable to cross-border contracts (introduction) Case study 12 The future of European contract law
Summary: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law (This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law (Source: https://archive-ouverte.unige.ch/unige:177484)
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Content
PART A: INTRODUCTION
Chapter 1: Contract law in the 21st century - the purpose of this book
Chapter 2: A case-oriented and multilateral approach to the teaching and studying of comparative law
Chapter 3: Is it legitimate and beneficial for judges to compare?
PART B CASE STUDIES
I. Formation of contracts
Case study 1: Offer or invitation to treat (invitatio ad offerendum)?
Case study 2: Conditions for the formation of a contract - agreement or more? (cause and considerati
Case study 3: Obligation to maintain an offer or freedom to revoke it?
Case study 4: Modification of contracts – the free will of the parties or limits on the freedom to
Case study 5: The battle of forms
II. Performance of contracts
Case study 6: A right to performance of the contract or only a right to damages?
Case study 7 Damages and the role of fault in the event of delivery of goods not in conformity with
Case study 8 Contractual penalty clauses
Case study 9 Termination or alteration of a contract in the event of a fundamental change of circums
Case study 10 Contracts and the transfer of ownership in movable property
III. The law applicable to cross-border contracts and the future of European contract law
Case study 11 The law applicable to cross-border contracts (introduction)
Case study 12 The future of European contract law

This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law
(This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law
(Source: https://archive-ouverte.unige.ch/unige:177484)

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