The emergence of a European private law is a key legal issue today. Set-off and "extinctive" prescription are neglected topics in comparative literature. Reinhard Zimmermann maps out a model for a common European approach, providing practical examples of the arguments that may be employed in the process of harmonizing European private law. The essays originated during his work with the Commission on European Contract Law (the "Lando-Commission"), whose task is the "restatement" of European contract law. This volume is for comparative lawyers and legal historians.

A person may hold property for a variety of purposes. The most common situation is that he wants to use and enjoy it for his own benefit. But he may also have agreed to administer the property either for the benefit of someone else or to further some particular purpose. Thus, in a broad and untechnical sense of the word, he may hold it "in trust". This kind of arrangement has been resorted to for many different reasons, both legitimate and illegitimate. From very early on, European legal systems have been faced with the need to establish rules and, eventually, institutions to deal with the...

On 10 February 1995 the University of Aberdeen celebrated its quincentenary. On that day in 1495 Pope Alexander VI had issued to Bishop William Elphinstone the founding Bull giving authority for the teaching of theology, Canon and civil law, medicine and the liberal arts. In the case of law, it was decided to mark the quincentenary by holding a symposium which would reflect upon the character and influence of the civilian tradition with special emphasis on Scotland. Scholars from Scotland, England, the Netherlands and Germany were asked to deliver papers on various aspects within the general...

Vortrag, gehalten vor der Juristischen Gesellschaft zu Berlin am 15. Juni 2005, mit dem Thema Europaauml;isierung des Privatrechts als Aufgabe und Herausforderung der Rechtsvergleichung.

Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.

Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.

Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics.
The authors in this volume are leading academics or judges, and a particularly...

The volume is based on a symposium that took place in the Hamburg Max Planck Institute for Comparative and International Private Law. It has to be seen in the context of the international renaissance of the concept of codification. When the State of Israel was founded in 1948, it was essentially a common law jurisdiction. Since then, Israeli private law has continuously moved closer towards the model of the civilian systems of Continental Europe. It has now, for the first time, been laid down in a comprehensive and systematic Draft Civil Code. In an introductory article, Aharon Barak, the...