The Enforceability of Promises in European Contract Law

Description

Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

James Gordley is Shannon Cecil Turner Professor of Jurisprudence at the University of California at Berkeley.

'... the approach is a valuable one, and it is to be hoped that there will soon be more volumes in this interesting series.' European Law Review 'The case study approach is a very helpful and accessible teaching tool. ... The introductory and concluding chapters stand in their own right as succinct and readable works of scholarship. Scholars and students can then dip into a selection of the cases to see in depth how the different systems work at a concrete level. This is a book which will be used extensively as an ais to the greater understanding of contract laws in western Europe.' The Cambridge Law Journal 'The conclusion ... weeks to identify what might be the best approach to adopt in relation to each broad type of promise examined through the case studies. this latter aspect will make the book of interest to those concerned with the harmonisation of European private law ... the book will also be an indispensable resource for those interested in comparative private law, legal history and contractual obligations more generally.' European Public Law