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OverviewThe first of its kind, this comprehensive Encyclopedia on comparative law takes stock of present-day comparative law scholarship. Written by authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries legal systems and as a whole presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially students and scholars. Full Product DetailsAuthor: Jan M. SmitsPublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781847206169ISBN 10: 1847206166 Pages: 840 Publication Date: 31 January 2008 Audience: General/trade , Professional and scholarly , General , Professional & Vocational Format: Paperback Publisher's Status: Out of Print Availability: Awaiting stock ![]() Table of ContentsContents: Preface Jan M. Smits 1. Accident Compensation Michael G. Faure 2. Administrative Law Hanns Peter Nehl 3. Agency and Representation Hendrick Verhagen 4. Aims of Comparative Law H. Patrick Glenn 5. American Law (United States) Ralf Michaels 6. Arbitration Stefan M. Kroell 7. Assignment Brigitta Lurger 8. Australia Martin Vranken 9. Belgium Nathalie Van Leuven 10. Canada Michael Deturbide 11. Civil Procedure C.H. (Remco) van Rhee and Remme Verkerk 12. Commercial Regulation Luke Nottage 13. Common Law Geoffrey Samuel 14. Comparative Law and Economics Raffaele Caterina 15. Competition Law Damien Geradin 16. Consideration James Gordley 17. Constitutional Law Monica Claes 18. Consumer Protection Stephen Weatherill 19. Coordination of Legal Systems Arnald J. Kanning 20. Criminal Law and Criminal Procedure Thomas Weigend 21. The Czech Republic Bohumil Havel 22. Damages (in tort) Siewert D. Lindenbergh 23. England and Wales Damian Smith 24. European Civil Code Nils Jansen 25. Family Law David Bradley 26. German Law Martin J. Schermaier 27. Greece Eugenia Dacoronia 28. Insolvency Law Bob Wessels 29. Insurance Law Herman Cousy 30. Interpretation of Contracts Jacques H. Herbots 31. Israel Gabriela Shalev 32. Italy Barbara Pozzo 33. Japanese Law Masaki Abe and Luke Nottage 34. Legal Culture David Nelken 35. Legal Families Jaakko Husa 36. Legal History and Comparative Law Eltjo Schrage and Viola Heutger 37. Legal Reasoning Jaap Hage 38. Legal Translation Gerard-Rene de Groot 39. Legal Transplants Joerg Fedtke 40. Lithuania Laura Slepaite 41. Methodology of Comparative Law A. Esin OErucu 42. Mistake Gerhard Lubbe 43. Mixed Jurisdictions Vernon Valentine Palmer 44. Nationality Law Gerard-Rene de Groot 45. The Netherlands Jan M. Smits 46. Offer and Acceptance Inter Absentes Franco Ferrari 47. Personal and Real Security J.H.M. (Sjef) van Erp 48. Personality Rights Johann Neethling 49. Poland Michal Gondek 50. Privacy Colm O'Cinneide, Myriam Hunter-Henin and Joerg Fedtke 51. Private International Law Horatia Muir Watt 52. Product Liability Geraint Howells 53. Property and Real Rights J. Michael Milo 54. Public Law Jacques Ziller 55. Remedies for Breach of Contract Marco Torsello 56. Russian Law William E. Butler 57. Scots Law Hector L. MacQueen 58. Social Security Frans Pennings 59. South Africa Jacques E. du Plessis 60. Spain Antoni Vaquer 61. Statutory Interpretation Stefan Vogenauer 62. Supervening Events and Force Majeure Martin Schmidt-Kessel and Katrin Mayer 63. Sweden Rolf Dotevall 64. Switzerland Pascal Pichonnaz 65. Tax Law Victor Thuronyi 66. Tort Law in General Ulrich Magnus 67. Transfer of Movable Property Lars van Vliet 68. Transnational Law Peer Zumbansen 69. Trust Law Marius J. de Waal 70. Unjustified Enrichment Daniel Visser IndexReviews'Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations... This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers.'- J.E. Stephens, Choice'The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price.'- Stuart Hannabuss, Reference Reviews'The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the comparative state of affairs in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from accident compensation to unjustified enrichment with mistake , personality rights , product liability and transfer of moveable property only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited.'- David L. Carey Miller, University of Aberdeen, UK'Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her own field. Some entries, articles rather, deal with the law of one state, or with one subject, or with comparisons between societies. Each chapter is written with great authority. I agree with many of the arguments and disagree with others. This is the nature of healthy adolescence. The volume is a great advance of comparative law scholarship. I am immensely grateful to Professor Smits.'- Alan Watson, University of Georgia, US'The list of contributors is truly impressive, not only for its length (69 authors) and its geographic and jurisdictional diversity (22 jurisdictions), but also for its high caliber. The list includes some of the most accomplished comparatists of our time, as well as many of the rising stars of the new generation. Their combined experience and effort should reward even the most demanding of readers.'- Symeon C. Symeonides, Willamette University College of Law, US Author InformationEdited by Jan M. Smits, Professor of Private Law, Faculty of Law, Maastricht University, the Netherlands Tab Content 6Author Website:Countries AvailableAll regions |