فایل pdf کتاب LAW OF OBLIGATIONS AND LEGAL REMEDIES

نویسنده : Geoffrey Samuel

تعداد صفحات: 644

 

Geoffrey Samuel
MA, LLB, PhD Cantab
Dr Maastricht
Professor of Law, Kent Law School
University of Kent at Canterbury

 

درباره کتاب

This book is, in some respects, a re-orientated version of our monograph

Contractual and non-contractual obligations in English law published by Ars

Aequi Libri in the Netherlands in 1992 (published also in a student

edition: The English law of obligations in comparative context, 1991).

However it is much more than a second edition of this work in that it

has been extensively rewritten for the English market so as to develop

topics, themes and ideas only briefly touched upon in 1992. Thus

remedies and certain procedural questions have been expanded to

almost half the book and there are more focused chapters on history,

method, theory, and harmonisation. Much of the discussion of Dutch

law will appear, at a later date, in a Continental edition which will not

only cover the European law of obligations but will maintain the 1992

objective of describing English law from the position of a jurist trained

in the Continental tradition. Yet, that said, the book maintains a

comparative flavour: the English law of obligations and remedies is

placed, as far as possible, in the structural context of the codes and there

are continual references to the question, and problems, concerning

harmonisation of private law within the European Union. On a more

practical note, the book is designed to complement the Cavendish

Sourcebook on Obligations and Legal Remedies published last year.

We are most grateful to Cavendish not just for their enthusiasm in

respect to our vision of the law of obligations, but for the cheerful and

helpful way they go about publishing. It is most refreshing. Thanks also

to those friends, colleagues and family who have, as usual, proved so

supportive. The footnotes will go some way in locating the influences on

this book, but they are not definitive and we are thus conscious that

there may be unjust omissions.

Finally we are sensitive to the (justified) calls by one or two

colleagues for a new set of standards in comparative law and in legal

epistemology (theory of knowledge). It would be idle to claim that this

book meets these standards, yet we hope that those who use the book as

a means of gaining knowledge of the English law of obligations will be

sympathetic to the aim of pushing outwards from a survey of the source

material towards something beyond the idea that legal knowledge

consists of learning rules and principles.

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