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Secundum Doctores
The present volume, a tribute to Harry Dondorp, contains contributions to the symposium held on the occasion of his farewell at the Vrije Universiteit Amsterdam. Written by four eminent scholars in the field of legal history, the contributions are related to his areas of interest: delictual liability, Romano-canonical procedure and comparative law texts.
Limitation and Prescription
Within both the Civil Law and the Common Law we find means of acquiring and losing rights, or freeing ourselves from obligations by the passage of time. The ratio thereof is twofold: (1) In the words of Oliver Wendell Holmes, Jr. »Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example« and (2) A claim should not hang above the head of the debtor as if it were a Damocles' sword, or on the words of Best CJ »long dormant claims have more cruelty than justice in them.« This ratio is and has been felt strongly in every jurisdiction, but legislation, case law and jurisprudence but the specifications thereof show substantial dissimilarities, notably between the Common Law and the Civil Law, even thus that in recent times several Law Commissions reported about future modifications and other jurisdictions enacted new legislation. This book gives the necessary historical background on a comparative basis.
The Right to Specific Performance
This book is a sequel to volume 71 of the same series (Specific Performance in Contract Law: National and Other Perspectives). It resulted from the co-operation between legal historians, participating in the programme `Contract law and law of obligations in general' of the research school lus Commune. --Book Jacket.
Contracts For a Third-Party Beneficiary
Through recent changes in Dutch (1992) and English (1999) private law, contracts for a third-party beneficiary are, in Western Europe, nowadays considered to be effective and enforceable. This concept is, however, incompatible with both the civilian tradition on the continent and the traditional parties-only rule of English common law. The purpose of this study is to show how the problem of the third-party beneficiary was dealt with during the various periods of Western legal thought and to discuss the subject from the perspective of present-day comparative law. The book is of interest not only to legal historians, but also to all who are engaged with present-day private law – scholars, practitioners and advanced students. Contributors include David Ibbetson, Regius Professor of Civil Law at the University of Cambridge, and Hendrik Verhagen, Professor of Private International Law, Comparative Law and Civil Law at the Radboud University Nijmegen, attorney at the firm Clifford Chance Amsterdam, and deputy justice at the Court of Appeal, ’s-Hertogenbosch. Studies in the History of Private Law, vol. 1
Towards a Chinese Civil Code
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topic...
Contracts for a Third-Party Beneficiary
This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.
Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)
This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.
Ius Romanum, Ius Commune, Ius Hodiernum
Table of Contents: Ankum, Hans. - Promissio dotis and legatum dotis in Ulpian D. 23.3.29 Bergh, Rena van den. - Beneficence and the Improvement of Life in Rome Bezemer, Kees. - Later Fortunes of a Famous Text : the lex Cogi from the viewpoint of some commentators Boukema, Henk Jan. - Principles of Roman Law in EC Case Law Cairns, John W. - English Looters and Scottish Lawyers : the ius commune and the College of Justice Cortese, Ennio. - Dopo Calasso: ancora sul concetto e sul sistema del Diritto commune Dolezalek, Gero & Antonio Ciaralli. - Codicis Justiniani Epitome
Research Handbook on International Commercial Contracts
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
