Comparative Civil Law 2200-1CWPC47
1. Comparative law: subject and method. Presumption of similarity. Non-comparability.
2. History: from Greek authors to contemporary schools. Paris Congress 1900. Comparative law in 20th century.
3. Functions of comparative law. Legal transplants in Turkey and Japan.
4. Legal families. Legal culture. Convergence of legal systems.
5. Common Law - from feudal law In England to contemporary business law.
6. Common Lawyer looks at Romano-Germanic systems. Holland and Russia - latest codifications of civil law in Europe.
7. "Mixed" legal systems. Legal cultures inspired by religion. Legal culture of Islam.
8. Contemporary ius commune in Europe. Harmonization of private law in Europe. Principles of European Contract Law. European Civil Code.
9. Formation of contract: offer and acceptance. Binding nature of offer in English law and continental legal systems. Vienna Sales Convention. Defects of declaration of will.
10. Torts liability. Duty of care and due care. Liability for damage caused by nervous shock.
11. Negotiations and "pre-contractual relations". Modernization of BGB. Position under Polish law and under PECL.
12. "Split" of ownership in Common law: legal title and beneficial title. Trust. Trust in conflict of laws and in legal systems of continental Europe. European principles of trust law.
13. Current trends in family law in Europe. Solidarity pact in French law. Partnerships and same-sex marriages in Belgium, Dutch and German law. Euro-divorce and Euro-testament.
14. Language and comparative law.
Type of course
Bibliography
1.K. Zweigert, H. Koetz, Einfuehrung in die Rechtsvergleichung auf dem Gebiete des Privatrechts, English translation (T. Weir) Introduction to Comparative Law, Clarendon Press 1992.
2.T. Weir, Die Sprachen des europaischen Rechts, 3/1995 Zeitschrift fuer Europaisches Privatrecht;
3.R. Sacco, Legal Formants, 39 (Vol 1 - 2) / 1991 Am. J. Comp. L.;
4.J. Merryman, The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law, Kluwer Law International, 1999;
5.P. Legrand, European Legal Systems Are Not Converging, 45/1996 International and Comparative Law Quarterly.
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