This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.
For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk. Dr. Gottschalk is an Associate with CMS Hasche Sigle in Hamburg specializing on corporate law. Before he started practicing, he served as a Joseph Story Research Fellow at Harvard Law School, 2005-2006.
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· 2007
Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.