Comparative Law: English, German, French Systems

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Questions and Answers

What is private law?

Private law governs all relationships between individuals or legal persons.

Which areas are included under private law as discussed in the lecture?

Contract Law

Tort Law

Property Law

All of the above (correct)

Private law governs relationships between individuals and entities.

True

What does Tort Law deal with?

Civil wrongs arising out of non-contractual obligations Signup and view all the answers

Match the following areas of law to their descriptions:

Contract Law = Governs binding agreements and obligations between parties Tort Law = Deals with civil wrongs and non-contractual obligations Property Law = Concerns rights and duties regarding property Inheritance Law = Involves the distribution of an estate after someone passes away Signup and view all the answers

What is a significant influence of the BGB (Buergerliches Gesetzbuch)?

It has influenced private law in many other civil law countries. Signup and view all the answers

What is the French Civil Code also known as?

Napoleonic Code Signup and view all the answers

What is a contract?

A legally binding agreement that will be enforced by the law. Signup and view all the answers

What type of contract involves a promise in exchange for a promise?

B2B Signup and view all the answers

What is an example of a unilateral contract?

Promise of a reward for information about a crime Signup and view all the answers

Contract law ensures that agreements are unenforceable.

False Signup and view all the answers

Match the following types of contracts with their description:

B2B = Business to Business B2C = Business to Consumer C2C = Consumer to Consumer Unilateral Contract = Promise for an act Signup and view all the answers

Contract law is essential for the __________ economy.

Market Signup and view all the answers

What are formal sources of law in contract law?

National law, regional law, and international law. Signup and view all the answers

Which of the following is an example of soft law?

UNIDROIT Principles Signup and view all the answers

Study Notes

Comparative Approach

Private law is approached differently in different jurisdictions.
Countries have unique laws, case law and interpretations.
Focus will be on European jurisdictions with international influence.
There are similarities, but also key differences between legal systems.
The course will use a comparative approach by focusing on English, German and French law.

English Law

Refers to the law applicable in England and Wales.
Often chosen as the choice of law due to historical relevance and commercial reasons.
Seen as "pro-business" and pragmatic due to judge-made law.
Most relevant legal sources are Court judgments and Statutes.

German Law

The BGB (Buergerliches Gesetzbuch) is a key legal text influential in many countries including the Netherlands, Japan, China, South Korea, Greece and Portugal.
Vague norms in the BGB give judges more flexibility in interpreting and applying the law.

French Law

The French Civil Code (Napoleonic Code) is highly influential globally.
The Code Civil has shaped laws in European countries, Latin America and parts of North America.

Law of Obligations

Governs relationships between individuals and entities including B2B, C2C & B2C.
Includes contract law and tort law.

Contract Law

Contract law governs binding agreements and obligations between parties.
Key aspects include: creation, validity, interpretation, termination and enforcement.

Tort Law

Deals with civil wrongs (damages) arising out of non-contractual obligations.

Introduction to Contract Law

Contract law is the area of law that governs legally binding agreements between parties.
A contract establishes obligations between parties that are enforceable by the law.
Failure to adhere to these obligations may result in penalties or remedies for the harmed party.

Importance of Contract Law

The development of a market economy, particularly the transition from agrarian to industrial models, fostered the growth of contract law.
Liberalism, upholding individual rights to shape their own lives, further emphasized the need for enforceable agreements.
Contract law ensures societal functionality by making agreements legally binding, allowing individuals to create their own agreements without state intervention.

Types of Contracts

Business to Business (B2B): Contracts where both parties are businesses.
- Bilateral Contract: A promise is exchanged for another promise (e.g., a sale of a bicycle).
- Examples: Employment Contracts, Agency, Banking, Carriage by Air, Carriage by Sea, Competition Law, Construction Contracts, Credit & Security, Employment, Intellectual Property, IT & E-Commerce, Insurance, International Sale of Goods, Sale of Securities, Sale of Land, Landlord and Tenants, Marriage.
Business to Consumer (B2C): Contracts between a business and an individual consumer.
- Unilateral Contract: A promise is exchanged for an action (e.g., a reward offered for finding a lost object).

-Consumer to Consumer (C2C): Contracts between two individual consumers. - Unilateral Contract: A promise is exchanged for an action (e.g., a reward offered for finding a lost object).

Sources of Contract Law

Party Agreements:
- Standard form contracts: Pre-written agreements with general terms.
- General terms: Established conditions within written agreements.
Formal Sources:
- National law: Legal systems like civil or common law.
- Default rules: Rules used when a contract lacks provisions.
- Facilitative rules: Rules intended to assist parties in making their own agreements.
- Mandatory rules: Rules that cannot be overridden by agreement.
- Regional Law: EU Law for example.
- International Law: e.g., CISG (United Nations Convention on Contracts for the International Sale of Goods).
Informal Sources:
- Non-state organizations: e.g., Principles, Restatements.
- Academics
- Non-binding soft law

Examples of Supranational Contract Law

European Law: (Article 114 TFEU)
- Directs on defective products, self employed commercial agents, package travel, unfair terms consumer contracts, sale consumer goods, electronic commerce, distance marketing, credit arrangements for consumers, timeshare and consumer rights.
International Law:
- CISG (Vienna, 1980):
  - United Nations Commission on International Trade Law
  - Applies to contracts for the sale of goods between parties with places of business in Contracting States (85 parties).

Examples of International/Regional Soft Law - Principles

**European Commission's ** Draft Common Frame of Reference (DCFR)
UNIDROIT Principles of International Commercial Contracts (PICC):
- International Institute for the Unification of Private Law (UNIDROIT).
Commission on European Contract Law Principles of European Contract Law (PECL):
Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA): Uniform Act Relating to General Commercial Law.

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Description

This quiz explores the comparative approach to private law across different jurisdictions, focusing on English, German, and French legal systems. Learn about their unique features, influences, and applications as we delve into the similarities and differences present in each system.