Comparative Contract Law: Cases, Materials and Exercises - Softcover

Thomas Kadner Graziano

9780230579798: Comparative Contract Law: Cases, Materials and Exercises

Softcover

ISBN 10: 0230579795 ISBN 13: 9780230579798

Publisher: Palgrave, 2009

A guide to the principles of European private law enhanced by a practical approach designed to promote learning by doing. Students are introduced to comparative methodology by working through a series of scenarios to be solved, rigorously underpinned with helpful references to relevant cases and materials, in their original language.

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Review:

Reviews of the French language edition 1. '... remarkable exposition... a precious pedagogic tool... a textbook, unique of its type, at least in the French language.' Pascal Ancel, Revue des contrats 2007, pp. 229 ff. (translated from the French)

2. 'What is required is...pedagogic material and educational strategies with which the student can grapple with the variations between European legal systems, and which provides an insight into the commonalities of contract law within the European Union. This work fulfils this requirement entirely in my eyes....In the French educational literature there exists nothing comparable...This book must set a new standard for the teaching of comparative law. The book and its exposition reaffirms how useful the American-style 'case-book' can be for European-facing legal education. Through the expertly collected international legal materials, and through targeted questions from the beginning of each section, thus the student is motivated to reflect upon the differences and similarities inherent in European contract law, explained with examples and independent exercises. At the same time, the student has the opportunity to encounter directly the peculiarities of form and style in foreign legal materials. In publishing this book, the author has provided a more than highly worthwhile service towards the creation of a truly European legal education.'Filippo Ranieri, Zeitschrift f�r Gemeinschaftsprivatrecht (GPR) 2007, pp. 220 ff. (Translated from the German)

Review:

"If anyone still needs convincing that comparative private law is an exercise worth doing, they need look no further than this excellent and ground-breaking book. It is an admirable addition to any academic or student library, for three reasons.
First, it is based on what law does about actual claims. In it you will find carefully-chosen scenarios that worry lawyers and divide different jurisdictions; commentary on those situations; impeccably-chosen literature; and, most importantly, judgments of courts in any number of European jurisdictions (translated where necessary).
Secondly, like all the best books it is written with a purpose: here the purpose of looking at the whole subject of comparative private law against the background of unification of private law in and beyond Europe.
Thirdly and most importantly, it skilfully avoids the 'stamp-collecting' approach to comparative law and the increasingly unproductive practice of trying to shoehorn particular jurisdictions into more and more arbitrary legal 'families.' What matters to the first-rate comparatist is not so much taxonomy or the fact that jurisdictions differ, but why they differ, and what considerations should inform any choice between the various solutions on offer.
In short, this is one of the most stimulating introductions to comparative law in recent years. I have no hesitation whatever in commending it warmly to students and teachers alike."
- Andrew Tettenborn, Bracton Professor of Law, University of Exeter

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