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Comparative Contract Law


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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, studying and learning of comparative law - the approach used in this book 3. Is it legitimate and beneficial for judges to compare? 4. An introduction to the Principles of Contract Law: the needs to which they respond and the purposes for which they are designed I. Formation of contracts 5. Case study 1: Offer or invitation to treat (Invtio ad offerendum) 6. Case study 2: Conditions for the formation of a contract - agreement or more? (cause and consideration) 7. Case study 3: Obligation to maintain an offer or freedom to revoke it 8. Case study 4: Modification of contracts - the free will of the parties or limits on the freedom to contract (consideration revisited) 9. Case study 5: The battle of forms II. Performance of contracts 10. Case study 6: Right to receive performance of a contract or just a right to receive damages 11. Case study 7: Damages and the role of the fault of the seller in the event of delivery of goods not in conformity with the contract 12. Case study 8: Change of circumstances 13. Case study 9: Contracts and the transfer of ownership in movable property III. The law applicable to cross-border contracts and the future of European contract law 14. Case study 10: The law applicable to cross-border contracts (introduction) 15. Case study 11: The future of European contract law Index

About the Author

Thomas Kadner Graziano, University of Geneva, Switzerland


`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.' -- Ole Lando, Copenhagen Business School, Denmark
`The incorporation of Chinese law is particularly interesting for Chinese legal researchers and even for the Chinese legislator considering the dramatic ongoing codification movement taking place within Chinese civil law, because one of the essential values of comparative law is to find alternative solutions to one's own legal system.' -- Jiayou Shi, Renmin University of China, Beijing, China
`Professor Kadner Graziano's book on comparative contract law is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. His cases highlight the expected and sometimes less expected differences and similarities between the key jurisdictions in Europe and allow the reader to gain a concrete understanding of the various systems put in play. I cherish this book this book for my course on transnational contract law and highly recommend it to anyone who is interested in this stimulating field of study.' -- Andre Prum, University of Luxembourg
`Kadner Graziano's reader on Comparative Contract Law was already in its first edition the perfect textbook for teaching this subject. With this updated and expanded version, it will be even easier to inspire students to look at contract law as it lives in various jurisdictions. The materials provided and the questions attached as guidance for self-study offer the unique opportunity to understand and master the challenges of cross-border contracting, which is quintessential for legal practice in a globalized world.' -- Bernhard A. Koch, Universitat Innsbruck, Austria
`I do not hesitate to recommend this book to readers who are studying, teaching and practicing contract law across the world. The first edition of this book attracted me because it provided a panoramic world map of contract laws in different jurisdictions with a precise and special narrative. For a comparative law professor in China the methodology used in this book, which addresses important common issues as scenarios and illustrates different approaches to those scenarios from different perspectives based on case analysis, is also utmostly valuable in doing comparison on other subjects of comparative law.' -- Xiangshun Ding, Renmin University of China Law School
`Thomas Kadner Graziano's Comparative Contract Law: Cases, Materials and Exercises, now in its second English edition, is an excellent book and a remarkable pedagogical tool. It very convincingly makes the case for the use of comparative law, and gives a topical example of how the comparative approach can enlarge and deepen a lawyer's perspective, in the specific field of contract law. Based on a unique array of various national and international legal materials, the book is the ideal basis for a truly comparative and transnational legal class.' -- Jean-Sebastien Borghetti, Universite Pantheon-Assas (Paris II), France

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