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The German Law of Contract

A Comparative Treatise

By: Basil S Markesinis, Hannes Unberath, Angus C Johnston
Media of The German Law of Contract
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Published: 27-02-2006
Format: Paperback
Edition: 2nd
Extent: 1040
ISBN: 9781841134727
Imprint: Hart Publishing
RRP: £80.00
Online price : £72.00
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About The German Law of Contract

Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.

Table Of Contents

1. Introduction
2. The Formation of a Contract
3. The Content of a Contract

4. Relaxations to Contractual Privity

5. Validity
6. Setting the Contract Aside
7. The Doctrine of the Foundation of the Transaction
8. The Performance of a Contract
9. Breach of Contract: General Principles
10. Breach of Contract-Specific Contracts


“...a first class authority on contract law not only in the United Kingdom, but all throughout the common law world...the book not only sets out the law as it is today; it also has a strong historic component and shows how developments came about and what their roots are. For a real understanding, but also for teaching purposes, this is extremely valuable and almost indispensable…Common law lawyers will find all familiar aspects of what they expect from a book dealing with contract law. The book even deals with common law institutions unknown to German law…Even for German readers, it would be worthwhile and tempting to discuss almost every topic addressed in The German Law of Contract because the book is not only inspiring for common law lawyers, but for civil law lawyers as well. And what is more, in Germany the book could be, and already sometimes is, used by judges and practitioners to find reasonable advice when deciding their cases. Moreover, it makes an invaluable contribution to the discussions on the emerging European private law. It shows the solutions at which two influential legal systems, and especially their courts, have arrived in difficult cases. It also demonstrates the arguments on which they have relied. I am not aware of a German book on English contract law that reaches the same high scientific level as The German Law of Contract and fulfils at the same time all requirements that the needs of practical application request. The book must be strongly recommended to everyone interested in, and concerned with, contract law as well as comparative law.” –  Professor Ulrich Magnus, Tulane Law Review 565

“Translation from German to English:
The authors admirably and successfully convey the characteristics of German contract law and make the rich German legal culture accessible to the foreign lawyer.
” –  Hans Stoll, Rabels Zeitschrift fur auslandisches und internationales Privatrecht 72

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