"This work offers a contextual comparative analysis of commercial contracts from their origin until the present time. It studies their positive and living law in countries and regions representative of major legal systems and business cultures: Classical Rome, Medieval Europe and Middle East, Codification Europe (especially France and Germany), Post-Colonial Latin America, the Soviet Union, the Peoples' Republic of China, England, eighteenth and nineteenth centuries, and Post-Colonial United States. It identifies the concepts, principles, rules, doctrines, methods of reasoning and commercial practices that have contributed most to mankind's economic development."--Publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Part I. Overview, methodology, formation and evolution of commercial promises 1. Guiding themes and content of this book 2. Methodology 3. The law of contracts in a pre-commercial or agricultural survival society 4. Roman law Part II. Medieval law: guilds, agents and notaries 5. Medieval law 6. Guilds and the capitalist system and Marxist legal systems 7. The Latin notariat and contemporary contracts Part III. European codification 8. The French 'code civil'; key politics and drafting method 9. The birth of a continental European commercial law; fair and commercial courts 10. The 'code de commerce' of 1808 11. Socio-economic context of Germany's civil and commercial codes 12. The codification of the German civil and commercial codes 13. Customs, usages and other sources of commercial contract law in German and other representative codes Part IV. Familistic and socialist variants of the civil law 14. Latin American codification and its all-important colonial background 15. Soviet commercial contract law 16. The peculiar meaning of Soviet and post-Soviet commercial contracts: an invertebrate legal system 17. Chinese imperial, mostly living-law of contracts 18. Contracts and litigation in imperial and Mao's China 19. Contemporary land contracts, third parties and judicial law making Part V. Anglo-American law 20. Socio-economic and legal contexts and English commercial contracts 21. The socio-economic and legal contexts of U.S. commercial contracts Part VI. Formation, interpretation and adjudication of contractual and customary law disputes 22. Formation of contracts: ceremony or conduct? 23. Two guiding principles for the interpretation of commercial contracts: good faith and reasonableness 24. Drafting commercial practices and the growth of commercial contract law 25. Brief overview of commercial trial procedure 26. Pre-contractual liability: culpa in contrahendo 27. Excuses for non-performance of contracts 28. Extrajudicial remedies and the remedy of specific performance 29. Judicial and extrajudicial termination 30. Damages for breach of warranty in U.S. economic analysis influenced law.
Digital File Characteristics
Source of Description
Online resource (West Academic, viewed October 4, 2017).