Paperback
Comparative Contract Law, Fourth Edition
Exercises in Comparative Methodology
4th edition
9781035341436 Edward Elgar Publishing
Comparative Contract Law is the fourth edition of a widely acclaimed and well-established textbook which uses extensive case studies and integrates extracts from legislation and court practice, enabling students to experience comparative law in action. It continues to promote a ‘learning-by-doing’ approach, offering a unique and seminal guide to European and international contract law.
More Information
Critical Acclaim
Contents
More Information
Comparative Contract Law is the fourth edition of a widely acclaimed and well-established textbook. It brings together extracts from legislation and court practice in case studies and promotes a ‘learning-by-doing’ approach to comparative methodology, enabling students to experience comparative law in action. The book acts as a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.
Key Features:
● A comparative perspective on highly topical, real-life issues of contract law
● Materials from some 30 jurisdictions in both their original languages and high quality translations
● Students are able 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! Full integration of the new Belgian Civil Code and information on small and medium-sized jurisdictions further diversified
Key Features:
● A comparative perspective on highly topical, real-life issues of contract law
● Materials from some 30 jurisdictions in both their original languages and high quality translations
● Students are able 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! Full integration of the new Belgian Civil Code and information on small and medium-sized jurisdictions further diversified
Critical Acclaim
‘As non-European readers, we are impressed by the book’s genuine comparative methodology which is not limited to the European “big three” but extends to many other jurisdictions. For example, the new Chinese Civil Code of 2021 is largely cited, the analysis such as on the battle of forms and the transfer of ownership in movable property provides a precious reference for our Chinese jurists.’
– Shi Jiayou, Renmin University of China, Executive Director of the National Research Center of Civil and Commercial Law, China
Acclaim for previous editions:
‘An excellent book and a remarkable pedagogical tool. It very convincingly makes the case for the use of comparative law and is the ideal basis for a truly comparative and transnational legal class.’
– Jean-Sébastien Borghetti, Université Panthéon-Assas (Paris II), France
‘The presentations are well systematized, clear, and well written. They are a pleasure to read. Students who have been taught comparative law by the book are well armed’.
– The late Ole Lando, formerly Copenhagen Business School, Denmark
‘This comparative law textbook is establishing itself as a classic of the 21st century.’
– Caroline Rapatz, Christian-Albrechts-Universität zu Kiel, Germany
‘A new feature are brief overviews of each country’s history and legal system, whenever a country appears for the first time in the case studies. This is very useful and has been done excellently in terms of style and depth. Kadner Graziano skilfully managed to find the right balance between providing too little and too much information. […] The book makes a profound contribution towards comparative scholarship in general and comparative contract law in particular.’
– Sirko Harder, University of Sussex, UK
‘The perfect textbook for teaching this subject and for inspiring students. The book offers the unique opportunity to understand and master the challenges of cross-border contracting, which is quintessential for legal practice in a globalized world.’
– Bernhard Koch, Universität Innsbruck, Austria
‘Learning-by-doing, a unique and highly efficient approach for the teaching and studying of comparative contract law. The textbook presents an enormously rich and inclusive collection of national laws, international instruments and cases. A truly nice read!’
– Xiong Bingwan, Renmin University of China
– Shi Jiayou, Renmin University of China, Executive Director of the National Research Center of Civil and Commercial Law, China
Acclaim for previous editions:
‘An excellent book and a remarkable pedagogical tool. It very convincingly makes the case for the use of comparative law and is the ideal basis for a truly comparative and transnational legal class.’
– Jean-Sébastien Borghetti, Université Panthéon-Assas (Paris II), France
‘The presentations are well systematized, clear, and well written. They are a pleasure to read. Students who have been taught comparative law by the book are well armed’.
– The late Ole Lando, formerly Copenhagen Business School, Denmark
‘This comparative law textbook is establishing itself as a classic of the 21st century.’
– Caroline Rapatz, Christian-Albrechts-Universität zu Kiel, Germany
‘A new feature are brief overviews of each country’s history and legal system, whenever a country appears for the first time in the case studies. This is very useful and has been done excellently in terms of style and depth. Kadner Graziano skilfully managed to find the right balance between providing too little and too much information. […] The book makes a profound contribution towards comparative scholarship in general and comparative contract law in particular.’
– Sirko Harder, University of Sussex, UK
‘The perfect textbook for teaching this subject and for inspiring students. The book offers the unique opportunity to understand and master the challenges of cross-border contracting, which is quintessential for legal practice in a globalized world.’
– Bernhard Koch, Universität Innsbruck, Austria
‘Learning-by-doing, a unique and highly efficient approach for the teaching and studying of comparative contract law. The textbook presents an enormously rich and inclusive collection of national laws, international instruments and cases. A truly nice read!’
– Xiong Bingwan, Renmin University of China
Contents
Contents
Preface
PART A INTRODUCTION
1. Contract law in the 21st century – the purpose of this book
2. A case-oriented and multilateral approach to the teaching and studying of
comparative law: the approach used in this book
3. Is it legitimate and beneficial for judges to compare?
PART B CASE STUDIES
I. Formation of contracts
1. Offer or invitation to treat (invitatio ad offerendum)?
2. Conditions for the formation of a contract – agreement or more? (cause and
consideration)
3. Obligation to maintain an offer or freedom to revoke it?
4. Modification of contracts – the free will of the parties or limits on the
freedom to contract (consideration revisited)?
5. The battle of forms
II. Performance of contracts
6. A right to performance of the contract or only a right to damages?
7. Damages and the role of fault in the event of delivery of goods not in
conformity with the contract
8. Contractual penalty clauses
9. Termination or alteration of a contract in the event of a fundamental
change of circumstances? (Clausula rebus sic stantibus or impr.vision)
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
11. The law applicable to cross-border contracts (introduction)
12. The future of European contract law
Index
Preface
PART A INTRODUCTION
1. Contract law in the 21st century – the purpose of this book
2. A case-oriented and multilateral approach to the teaching and studying of
comparative law: the approach used in this book
3. Is it legitimate and beneficial for judges to compare?
PART B CASE STUDIES
I. Formation of contracts
1. Offer or invitation to treat (invitatio ad offerendum)?
2. Conditions for the formation of a contract – agreement or more? (cause and
consideration)
3. Obligation to maintain an offer or freedom to revoke it?
4. Modification of contracts – the free will of the parties or limits on the
freedom to contract (consideration revisited)?
5. The battle of forms
II. Performance of contracts
6. A right to performance of the contract or only a right to damages?
7. Damages and the role of fault in the event of delivery of goods not in
conformity with the contract
8. Contractual penalty clauses
9. Termination or alteration of a contract in the event of a fundamental
change of circumstances? (Clausula rebus sic stantibus or impr.vision)
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
11. The law applicable to cross-border contracts (introduction)
12. The future of European contract law
Index
