Legal history helps us to understand our modern law. It explains why the law has become what it is. It lays open the premises on which the modern law is based. It constitutes a rich source of experience which is as valuable for the development of modern legal doctrines as for law reform. It may also reveal where a wrong turn has been taken and thus prevent us from repeating an error. Today, however, historical legal scholarship has acquired an added significance in view of the Europeanization of private law and private law scholarship. It enables us to see the common ground between our modern national legal systems and to understand existing differences. It makes us aware of the fact that the law has not developed in national isolation and can, therefore, not properly be understood under purely national auspices. It constitutes the foundation for scholarship in comparative law and paves the way towards re-establishing a European legal culture. The focus of these Clarendon lectures is on the "vital connection that ties the present to the past" (Savigny) and on the link between legal history, modern legal doctrine, and comparative law. They aim to recreate an awareness of a fundamental intellectual unity based on a common tradition. Such awareness is of central importance to sustain the process of a Europeanization of private law which we experience today. Lecture One: The End of an Era: Transformation of Scholarship in Roman Law Lecture Two: The Transition from Civil Law to Civil Code: Dawn of a New Era? Lecture Three: A Change in Perspective: European Private Law and its Historical Foundations

Roman Law, Contemporary Law, European Law: The Civilian Tradition Today (Clarendon Law Lectures)

ZIMMERMANN, Reinhard

Legal History

Oxford University Press

This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of Europe. Not merely a work of Roman legal scholarship, it is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations.

The Law of Obligations: Roman Foundations of the Civilian Tradition

Clarendon Press

On 1 January 2000 the German Civil Code (BGB) became one hundred years old. It had been remarkably resilient throughout a century marked by catastrophic upheavals and a succession of fundamentally different political regimes. Two years later, however, the most sweeping individual reform ever to have affected the Code entered into force. This was the Modernization of the Law of Obligations Act: triggered by the necessity to implement the European Consumer Sales Directive, but going far beyond what was required by the European Community. The most important practical implication of the Modernization Act is the fundamental reform of the German law of prescription. However, the most remarkable feature of the revised BGB in terms of innovative doctrine is the new regime concerning liability for general non-performance, and for non-conformity in sales law. Radically, the face of the BGB has been changed by the incorporation of a number of special statutes aiming at the protection of consumers. The draftsmen of the new law have thus made an effort to streamline, or harmonize, general contract law and consumer contract law. The four topics covered in Chapters 2-5 of the book are prescription, remedies for non-performance, liability for non-conformity, and consumer contract law. In all these cases a historical or comparative perspective is adopted in order to analyze and assess the new rules of German law. Even in its radically new form the German Civil Code continues to be a characteristic manifestation of German legal culture. At the same time, however, the reform has moved German contract law considerably closer to European thinking patterns. Termed 'a milestone on the path towards a European Civil Code', this book offers a unique and authoritative insight into the new German law of obligations

The New German Law of Obligations: Historical and Comparative Perspectives

Business

The emergence of European private law constitutes one of the most significant developments in the modern legal landscape. Driven by the European Union, a political programme of harmonization has begun to reshape the national private laws of Member States. Successful legal reform depends on a solid foundation of understanding European private law in its entirety, including its historical development and the comparative law dimension. The Max Planck Encyclopedia of European Private Law provides such a foundation. The existing knowledge in many areas of European private law is presently available only through relatively inaccessible specialized literature; some areas are completely lacking systematic legal research. The Encyclopedia systematically gathers the available information at all different levels and in all various branches of private law and gives an overview on all major areas of European private law. The Encyclopedia consists of approximately 500 entries in alphabetical order. Each entry covers the subject matter with regard to its legal history, the comparative law dimension and unification projects - where they exist. A bibliography at the end of each entry provides an overview of the most important publications for further reading. The Encyclopedia will be an essential reference point for all those working on European law and private law within Europe.

Max Planck Encyclopedia of European Private Law

Basedow, Jürgen

Hopt, Klaus J.

Foreign & International Law

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 notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.

Judge and Jurist: Essays in Memory of Lord Rodger

Burrows, Andrew

Johnston QC, David

Legal Theory & Systems

Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

Comparative Succession Law: Volume I: Testamentary Formalities

Reid, Kenneth G C

de Waal, Marius J

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.

Comparative Foundations of a European Law of Set-Off and Prescription

Cambridge University Press

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.

This scholarly survey of the Law of Obligations from classical to modern times is a marvellous work of historical synthesis which discusses each contract, tort, and liability based on unjust enrichment with great clarity, and traces their development over hundreds of years through the legal systems of Europe. Not merely a work of Roman legal scholarship, it is a treasure-house of ideas and arguments as well as information and scholarship relating to the Law of Obligations.

The law of obligations: Roman foundations of the civilian tradition

Juta

Zwingenden Angehorigenschutz gewahrleistet das deutsche Erbrecht durch eine feste Quotenteilhabe: Den Abkommlingen, den Eltern und dem Ehegatten des Erblassers steht als "Pflichtteil" die Halfte des Wertes ihres gesetzlichen Erbteils zu, wenn sie durch Verfugung von Todes wegen von der Erbfolge ausgeschlossen sind. Fur diese bedarfsunabhangige Beschrankung der Testierfreiheit gibt es keine uberzeugenden Grunde. Das vorgestellte Alternativmodell zum Pflichtteilsrecht soll die Reformdiskussion wiederbeleben. Es beruht auf dem Grundgedanken, die Testierfreiheit zu starken und deshalb die nachsten Angehorigen des Erblassers nur dann zu schutzen, wenn sie eines solchen Schutzes tatsachlich bedurfen. Soweit ein solches Schutzbedurfnis allerdings besteht, soll es so weit wie moglich befriedigt werden. Dreh- und Angelpunkt des Reformmodells sind infolgedessen die Unterhaltspflichten des Erblassers, die als Nachlassverbindlichkeiten bestehen bleiben.

Zwingender Angehorigenschutz Im Erbrecht: Ein Reformvorschlag (German Edition)

Bauer, Franz

Bialluch, Martin

Humm, Andreas

Klapdor, Lisa-Kristin

Kohler, Ben

Schmidt, Jan Peter

Scholz, Philipp

Wiedemann, Denise

Mohr Siebeck

See the best price to sell, buy, or rent books by ZIMMERMANN, Reinhard. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by ZIMMERMANN, Reinhard

See the best price to sell, buy, or rent books by ZIMMERMANN, Reinhard. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Roman Law, Contemporary Law, European Law: The Civilian Tradition Today (Clarendon Law Lectures)

The Law of Obligations: Roman Foundations of the Civilian Tradition

The New German Law of Obligations: Historical and Comparative Perspectives

Max Planck Encyclopedia of European Private Law

Judge and Jurist: Essays in Memory of Lord Rodger

Comparative Succession Law: Volume I: Testamentary Formalities

Comparative Foundations of a European Law of Set-Off and Prescription

Comparative Foundations of a European Law of Set-Off and Prescription

The law of obligations: Roman foundations of the civilian tradition

Zwingender Angehorigenschutz Im Erbrecht: Ein Reformvorschlag (German Edition)