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Contributory Negligence
Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Judicial Transformations
The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.
The Philosophical Origins of Modern Contract Doctrine
This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
The Development and Making of Legal Doctrine
The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
The Enforceability of Promises in European Contract Law
Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Comparative Law and Economics
The book links the study of comparative law with the study of law and economics
Playing Darts with a Rembrandt
Considers the limits to the rights of private owners of great works of art or cultural treasures, such as historic papers, to destroy these works or to deny public access to them
Mixed Jurisdictions Compared
Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.
