Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Books
  3. The Enforceability of Promises in European Contract Law
  • Cited by 28
  • Edited by James Gordley, Università degli Studi di Trento, Italy
Publisher:
Cambridge University Press
Online publication date:
May 2010
Print publication year:
2001
Online ISBN:
9780511494949
DOI:
https://doi.org/10.1017/CBO9780511494949
Subjects:
European Law, Law, Comparative Law, Private Law
Series:
The Common Core of European Private Law
Information

Book description

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.

Reviews

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

Source: 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.’

Source: 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

Refine List

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

Contents

Contents

Metrics

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Book summary page views

Total views: 0 *
Loading metrics...

* Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

Usage data cannot currently be displayed.