An Introduction to the comparative study of private law: readings, cases, materials / James Gordley, Arthur Taylor von Mehren.

Cambridge : Cambridge University Press, 2006.

26968

Civil law -- United States.

Civil law -- England.

Civil law -- France.

Civil law -- Germany.

Comparative law.

Civil law -- Cases.

Introductory Readings. I. English law and Roman law

II. Codification

III. Institutions

Comparative private law: property, tort, contract, unjust enrichment. Part One. Property Law.

I. Possession

II. Ownership

III. The doctrine of necessity

Part Two. Tort Law

I. The scope of the rights protected --II. The conduct for which one is liable --Part Three. Contract Law --I. The structure of contract law --II. Voluntary commitment

III. Fairness

IV. Excuses for non-performance

V. Remedies

Part Four. Unjust enrichment

I. The principle

II. Unjust enrichment when the plaintiff did not lose

III. Unjust enrichment when it is doubtful what the defendant gained.

This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law.

Includes bibliographical references and index.

9780521681858

lvii, 581 p.