The enforceability of promises in european contract law gordley james. Download [PDF] The Enforceability Of Promises In European Contract Law Free Online 2019-03-12

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the enforceability of promises in european contract law gordley james

Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. The E-mail message field is required. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. Summary Note: summary text provided by external source.

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The Enforceability of Promises in European Contract Law: : 9780511031281: Telegraph bookshop

the enforceability of promises in european contract law gordley james

Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Despite differences in legal doctrine, the volume reveals similarities in the results. Despite di Professor James Gordley opens this volume with a concise history of the legal status of promises. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made.

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The Enforceability of Promises in European Contract Law

the enforceability of promises in european contract law gordley james

Despite differences in legal doctrine, similarities in the results are considered. The book is concise and because of its structure it is easily accessible. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. In England, the Coronation cases provided one possible answer.

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The Enforceability of Promises in European Contract Law

the enforceability of promises in european contract law gordley james

Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud classical defects of consent may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage.

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The Enforceability of Promises in European Contract Law

the enforceability of promises in european contract law gordley james

In particular, constitutions, sources of law, rights against the state to prevent abuse of power, and rights of private individuals and organisations against each other in tort and contract are examined and compared, and the system of courts is also considered. Contemporary solutions -- Case 1. This volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. The question is not a new one. The text includes translations of relevant French and German codal material, and references to relevant cases from all of the jurisdictions. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

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The Enforceability of Promises in European Contract Law

the enforceability of promises in european contract law gordley james

In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. Bibliography Includes bibliographical references and indexes. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento. The present book adopts a broad perspective and an integrative approach. .

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The Enforceability of Promises in European Contract Law by James Gordley

the enforceability of promises in european contract law gordley james

Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. The E-mail message field is required. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law. Responsibility: edited by James Gordley. Scholars and students can then dip into a selection of the cases to see in depth how the different systems work at a concrete level. This volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises.

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James Gordley: Enforceability of Promises in European Contract Law (PDF)

the enforceability of promises in european contract law gordley james

Category: Law Author : Ewoud H. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. This is the second completed project of The Common Core of European Private Law launched at the University of Trento. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. As far as the acquis commun ie the traditional private law as laid down in the national codifications is concerned, the Principles of European Contract Law have been chosen as a point of departure. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

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