Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them.
The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by...

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them.
The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by...

This is a translation of the first 20 distinctions of The Decretum or Concordance of Discardant Canons, a compilation of extracts from Church councils, Church fathers and other ecclesiastical authorities, composed in the 12th century by Gratian, a Camaldolese monk. It offers a treatise on law.

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.

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.

The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind." How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study. Bringing together world experts in protecting cultural heritage, Enforcing International Cultural...

Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous...

Cases arising from disputes between neighbours (what English law would describe in terms of the law of nuisance) fall towards the edge of the law of tort, on its boundary with the law of property. They therefore provide a good example of how the categorisation of a case can affect the liability rule: tort law is typically concerned with fault, property law with strict liability. The aim of this book is to examine the importance of these category shifts, as well as the extent to which statutory interventions, planning control and the like have had an impact on the analysis of tortuous...