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The Enforceability of Promises in European Contract Law (Paperback)
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The Enforceability of Promises in European Contract Law (Paperback)
Series: The Common Core of European Private Law
Expected to ship within 12 - 19 working days
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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.
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