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Comparative Law of Obligations
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
More Information
Critical Acclaim
Contents
More Information
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment.
This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.
Offering a critical understanding of the legal regulation of institutions in national legal systems, the book identifies distinct concepts of the law of obligations that emerge from them and explains their underlying motives. The author provides valuable insights into how differently basic legal institutions are regulated across national borders, as well as unveiling the roots of legal institutions of the utmost significance in international trade such as contracts, pre-contractual liability, liability for torts and restitution of unjust enrichment.
This book will be a helpful resource for academics and practitioners involved in international litigation and arbitration proceedings concerning contracts, torts and other sources of obligations.
Critical Acclaim
‘Comparative Law of Obligations is a book that deserves to be praised in many respects. Firstly, its systematic and pedagogical analysis makes it particularly suitable for students and professionals less familiar with the subject. [...] [T]he book takes the reader on a journey that goes beyond the most obvious normative consequences to which litigation practitioners or academic researchers will refer. By comparing the essential aspects of the law of obligations and proposing a characterisation of the nature of ‘obligations’ in the different legal systems, the author seems to be suggesting a way forward. He thus implicitly reminds us that the normative consequences mentioned above are not ontological, but cultural.’
– Anne Brigot-Laperrousaz, Revue Critique de Droit International Privé
‘In short, we are presented with a study of a high academic level, but which does not exhaust its interest in this field. The depth and clarity of the reflections and its clear analytical structure make it at the same time an unusually useful tool for arbitrators, judges and legal practitioners who increasingly have to deal with foreign or closely communicating legal systems.’
– Sixto Sanchez Lorenzo, Revista Española de Derecho Internacional
‘This book adds a special dimension to the literature on the comparative law of obligations. Professor Moura Vicente’s elegantly written and concise overview of this large and complex field is evidence of the extensive research that he has conducted, and it introduces us to valuable perspectives from a range of civil-law and common-law jurisdictions, including jurisdictions often neglected in English legal literature.’
– Daniel Visser, South African Law Journal
‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’
– Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, Germany
– Anne Brigot-Laperrousaz, Revue Critique de Droit International Privé
‘In short, we are presented with a study of a high academic level, but which does not exhaust its interest in this field. The depth and clarity of the reflections and its clear analytical structure make it at the same time an unusually useful tool for arbitrators, judges and legal practitioners who increasingly have to deal with foreign or closely communicating legal systems.’
– Sixto Sanchez Lorenzo, Revista Española de Derecho Internacional
‘This book adds a special dimension to the literature on the comparative law of obligations. Professor Moura Vicente’s elegantly written and concise overview of this large and complex field is evidence of the extensive research that he has conducted, and it introduces us to valuable perspectives from a range of civil-law and common-law jurisdictions, including jurisdictions often neglected in English legal literature.’
– Daniel Visser, South African Law Journal
‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’
– Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, Germany
Contents
Contents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index
