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Foundations of Private Law
James Gordley
其他書名
Property, Tort, Contract, Unjust Enrichment
出版
OUP Oxford
, 2006-01-05
主題
Law / Comparative
Law / Legal History
Law / Civil Law
Law / Common
Law / Contracts
ISBN
0191021717
9780191021718
URL
http://books.google.com.hk/books?id=_XRCAgAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. 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 older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.