A guide to the principles of European private law enhanced by a practical approach designed to promote learning by doing. Students are introduced to comparative methodology by working through a series of scenarios to be solved, rigorously underpinned with helpful references to relevant cases and materials, in their original language.
"If anyone still needs convincing that comparative private law is an exercise worth doing, they need look no further than this excellent and ground-breaking book. It is an admirable addition to any academic or student library, for three reasons.
First, it is based on what law does about actual claims. In it you will find carefully-chosen scenarios that worry lawyers and divide different jurisdictions; commentary on those situations; impeccably-chosen literature; and, most importantly, judgments of courts in any number of European jurisdictions (translated where necessary).
Secondly, like all the best books it is written with a purpose: here the purpose of looking at the whole subject of comparative private law against the background of unification of private law in and beyond Europe.
Thirdly and most importantly, it skilfully avoids the 'stamp-collecting' approach to comparative law and the increasingly unproductive practice of trying to shoehorn particular jurisdictions into more and more arbitrary legal 'families.' What matters to the first-rate comparatist is not so much taxonomy or the fact that jurisdictions differ, but why they differ, and what considerations should inform any choice between the various solutions on offer.
In short, this is one of the most stimulating introductions to comparative law in recent years. I have no hesitation whatever in commending it warmly to students and teachers alike."
- Andrew Tettenborn, Bracton Professor of Law, University of Exeter
PART I
Introduction
Introduction to the Comparative Methodology: Case-studies
Principles of Contract Law: The Needs to Which They Respond and the Purposes for Which They Are Designed
The Principles of European Contract Law
The UNIDROIT Principles of International Commercial Contracts
PART II: CASES
Formation of Contracts
Case I: Offer or Invitation to Treat (Invitatio ad Offerendum)?
Case II: Conditions for the Formation of a Contract – Agreement or More? (Cause and Consideration)
Case III: Obligation to Maintain an Offer or Freedom to Revoke an Offer?
Case IV: Modification of Contracts – The Free Will of the Parties or Limits on the Freedom to Contract ('Consideration' Revisited)
Performance of Contracts
Case V: Right to Receive Performance of a Contract or Just a Right to Receive Damages?
Case VI: Damages and the Role of the Fault of the Seller in the Event of Delivery of Goods not in Conformity With the Contract
Case VII: Change of Circumstances
Case VIII: Contracts and the Transfer of Ownership of Property in European Private Law
The Law Applicable to Cross-Border Contracts and the Future of European Contract Law
Case IX: The Law Applicable to Cross-border Contracts (Introduction)
Case X: The Future of European Contract Law
Table of Laws, Principles, Draft Principles (By Country)
THOMAS KADNER GRAZIANO is Professor in the Department of International Private Law at the University of Geneva, Switzerland. He has taught in 2007/08 as Visiting Professor at the University of Exeter, UK, and is a Fellow of the European Centre of Tort and Insurance Law (ECTIL) in Vienna. His research interests include European and international private law, comparative law, German, US and English law, civil process, and environmental law.
Description
A guide to the principles of European private law enhanced by a practical approach designed to promote learning by doing. Students are introduced to comparative methodology by working through a series of scenarios to be solved, rigorously underpinned with helpful references to relevant cases and materials, in their original language.
Reviews
"If anyone still needs convincing that comparative private law is an exercise worth doing, they need look no further than this excellent and ground-breaking book. It is an admirable addition to any academic or student library, for three reasons.
First, it is based on what law does about actual claims. In it you will find carefully-chosen scenarios that worry lawyers and divide different jurisdictions; commentary on those situations; impeccably-chosen literature; and, most importantly, judgments of courts in any number of European jurisdictions (translated where necessary).
Secondly, like all the best books it is written with a purpose: here the purpose of looking at the whole subject of comparative private law against the background of unification of private law in and beyond Europe.
Thirdly and most importantly, it skilfully avoids the 'stamp-collecting' approach to comparative law and the increasingly unproductive practice of trying to shoehorn particular jurisdictions into more and more arbitrary legal 'families.' What matters to the first-rate comparatist is not so much taxonomy or the fact that jurisdictions differ, but why they differ, and what considerations should inform any choice between the various solutions on offer.
In short, this is one of the most stimulating introductions to comparative law in recent years. I have no hesitation whatever in commending it warmly to students and teachers alike."
- Andrew Tettenborn, Bracton Professor of Law, University of Exeter
Contents
PART I
Introduction
Introduction to the Comparative Methodology: Case-studies
Principles of Contract Law: The Needs to Which They Respond and the Purposes for Which They Are Designed
The Principles of European Contract Law
The UNIDROIT Principles of International Commercial Contracts
PART II: CASES
Formation of Contracts
Case I: Offer or Invitation to Treat (Invitatio ad Offerendum)?
Case II: Conditions for the Formation of a Contract – Agreement or More? (Cause and Consideration)
Case III: Obligation to Maintain an Offer or Freedom to Revoke an Offer?
Case IV: Modification of Contracts – The Free Will of the Parties or Limits on the Freedom to Contract ('Consideration' Revisited)
Performance of Contracts
Case V: Right to Receive Performance of a Contract or Just a Right to Receive Damages?
Case VI: Damages and the Role of the Fault of the Seller in the Event of Delivery of Goods not in Conformity With the Contract
Case VII: Change of Circumstances
Case VIII: Contracts and the Transfer of Ownership of Property in European Private Law
The Law Applicable to Cross-Border Contracts and the Future of European Contract Law
Case IX: The Law Applicable to Cross-border Contracts (Introduction)
Case X: The Future of European Contract Law
Table of Laws, Principles, Draft Principles (By Country)
Authors
THOMAS KADNER GRAZIANO is Professor in the Department of International Private Law at the University of Geneva, Switzerland. He has taught in 2007/08 as Visiting Professor at the University of Exeter, UK, and is a Fellow of the European Centre of Tort and Insurance Law (ECTIL) in Vienna. His research interests include European and international private law, comparative law, German, US and English law, civil process, and environmental law.
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