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• Title:An introduction to the comparative study of private law : readings, cases, materials / James Gordley, Arthur Taylor von Mehren.
  
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• Variant Title:Comparative study of private law
  
• Author/Creator:Gordley, James.
  
• Other Contributors/Collections:Von Mehren, Arthur Taylor.
  
• Published/Created:Cambridge, England ; New York, NY : Cambridge University Press, 2006.
  

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K623 .G673 2006 (LC)
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Civil law--United States.
  Civil law--England.
  Civil law--France.
  Civil law--Germany.
  Comparative law.
  
• Description:lvi, 581 p. ; 26 cm.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:0521681855 (hbk.)
  9780521681858 (hbk.)
  
• Contents:Introductory readings
  I. History : English law and Roman law
  1. English law
  2. Roman law
  II. Codification
  1. Codification in France
  2. Codification in Germany
  III. Institutions
  1. Germany and the United States
  2. France
  3. England
  4. European Union
  Comparative private law : property, tort, contract, unjust enrichment
  I. Possession
  1. Possession as a means of acquiring rights
  2. protection of possession against non-possessors
  II. Ownership
  1. Rights to natural resources
  2. Interference with neighboring property
  3. Voluntary changes in the scope of rights : easements, covenants, and servitudes
  III. doctrine of necessity
  1. Origins
  2. general principle
  3. Necessity and land use
  4. Necessity and intent
  I. scope of the rights protected
  1. Introduction : the structure of tort law
  2. Harm to dignity
  3. Invasion of privacy
  4. Purely economic harm
  5. Harm suffered because another is harmed
  II. conduct for which one is liable
  1. Introduction
  2. Intent
  3. Negligence
  4. Strict liability
  I. structure of contract law
  1. Civil law
  2. Common law
  II. Voluntary commitment
  1. moment at which a commitment is binding
  2. Liability before a final commitment is made
  3. Mistake
  III. Fairness
  1. Fairness of the price term
  2. Fairness of the auxiliary terms
  IV. Excuses for non-performance
  1. Impossibility and force majeure
  2. Changed circumstances
  V. Remedies
  1. Specific performance
  2. Damages
  I. principle
  II. Unjust enrichment when the plaintiff did not lose
  1. use or violation of another's property rights
  2. question of what the defendant should pay
  III. Unjust enrichment when it is doubtful what the defendant gained
  1. problem of improvements
  2. Situations in which the defendant would not have paid the amount he is judged to have been enriched.