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The Enforceability of Promises in European Contract Law

Part of The Common Core of European Private Law

Ruth Sefton-Green, Christophe André, Muriel Chagny, Gilles Cuniberti, Philippe Jouary, Clothilde Normand, Judith Rochfeld, Isabelle Corbisier, Martijn W. Hesselink, Lourdes E. Villar Garcia, Luís Menezes Leitão, Alberto Monti, Georg Graf, Dirk Kocher, Zoe Spyropoulou, Craig Coyle, Joe Thomson, Stephen A. Smith, Sheena Hickey, Seamus Woulfe, James Gordley
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  • Date Published: April 2009
  • availability: Available
  • format: Paperback
  • isbn: 9780521108683

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About the Authors
  • Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

    • Exploration of the practical significance of formal legal distinctions
    • Examination of fifteen concrete cases
    • Examines twelve different European legal systems
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    Reviews & endorsements

    '… the approach is a valuable one, and it is to be hoped that there will soon be more volumes in this interesting series.' European Law Review

    'The case study approach is a very helpful and accessible teaching tool. … The introductory and concluding chapters stand in their own right as succinct and readable works of scholarship. Scholars and students can then dip into a selection of the cases to see in depth how the different systems work at a concrete level. This is a book which will be used extensively as an ais to the greater understanding of contract laws in western Europe.' The Cambridge Law Journal

    'The conclusion … weeks to identify what might be the best approach to adopt in relation to each broad type of promise examined through the case studies. this latter aspect will make the book of interest to those concerned with the harmonisation of European private law … the book will also be an indispensable resource for those interested in comparative private law, legal history and contractual obligations more generally.' European Public Law

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    Product details

    • Date Published: April 2009
    • format: Paperback
    • isbn: 9780521108683
    • length: 516 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.75kg
    • availability: Available
  • Table of Contents

    General editor's preface
    Contributors
    Table of legislation
    Abbreviations
    1. Some perennial problems
    2. Contemporary solutions
    Case 1: promises of gifts
    Case 2: promises of compensation for services rendered without charge
    Case 3: promises to pay debts not legally due
    Case 4: a promise to come to dinner
    Case 5: promises to store goods without charge
    Case 6: promises to do a favour
    Case 7: promises to loan goods without a charge
    Case 8: a requirements contract
    Case 9: promises to pay more than was agreed I
    Case 10: promises to pay more than was agreed II
    Case 11. Promises to do more than was agreed: promises to waive a condition
    Case 12: promises to take less than was agreed
    Case 13: options given without a charge
    Case 14: promises of rewards
    Case 15: promises of commissions
    3. Comparison
    Index by country
    Index by subject.

  • Editor

    James Gordley, Università degli Studi di Trento, Italy
    James Gordley is Shannon Cecil Turner Professor of Jurisprudence at the University of California at Berkeley.

    Contributors

    Ruth Sefton-Green, Christophe André, Muriel Chagny, Gilles Cuniberti, Philippe Jouary, Clothilde Normand, Judith Rochfeld, Isabelle Corbisier, Martijn W. Hesselink, Lourdes E. Villar Garcia, Luís Menezes Leitão, Alberto Monti, Georg Graf, Dirk Kocher, Zoe Spyropoulou, Craig Coyle, Joe Thomson, Stephen A. Smith, Sheena Hickey, Seamus Woulfe, James Gordley

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