This book outlines the fundamentals of European civil law for readers more familiar with common law jurisdictions such as Australia, New Zealand, the UK and the US.
This fully revised and updated second edition retains the successful structure of the first. The four chapters in Part A provide the general framework, covering the concept and method of comparative law, historical foundations, the concept of a civil code and codification, and the role of legislature and the judiciary. More specific and practical material is provided in Part B, with chapters on the law of contract, the law of tort, labour law, commercial law and court procedure. Part C looks to the future, examining differences between civil law and common law and the impact of the European Union.
The focus throughout is on private law, particularly the civil laws of France and Germany, except where European Community law has made inroads into the (private) civil law. Each chapter thus incorporates the relevant materials on European Community law.
CONTENTS
Part A: Historical Overview and Conceptual Framework
Introduction History Codes and Codification Life Beyond the Code
Part B: Substantive Law
The Law of Contract The Law of Tort Labour Law Commercial Law Court Procedure
Part C: Perspectives on the Future
Theories of Convergence and Divergence
Documentation
Index
REVIEWS
This book is a concise and lucid introduction to civil law systems of Europe. … This work is a valuable contribution to the field of comparative law. Recent advances in global interconnectedness mean we can no longer be provincial in our outlook. This book should be read by those wanting a general introduction to the civil law systems of Europe, and anyone wishing to expand their horizons of knowledge.
