Law Commons^™

Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson

Scholarly Works

It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …

Promotion Of U.S. Foreign Investment In Selected Eastern European Countries In The 1990’S. Comparative Analysis Of Foreign Investment Laws In Poland, The Soviet Union, Yugoslavia, And Hungary And Possible Impact Of The U.S. Law On Their Operation, Dorota Szewc

LLM Theses and Essays

Perestroika describes the historical revolution of political and economic reforms which were aimed at accelerating economic growth, democratization, and openness. As the failings of the socialist economic model became more apparent, Eastern European nations were motivated to enact laws allowing foreign investment. A comparative analysis of these foreign investment laws in Poland, the Soviet Union, Hungary, and Yugoslavia is made. Even with the reforms in Eastern Europe, U.S. law may affect the actions of American investors in Eastern Europe. Specifically, U.S. export control laws effect the trade between the U.S. and countries still deemed to be communist, and U.S. antitrust …

Choice Of Law Clauses In Consumer Contracts: A Comparative Study Of American And E.E.C. Law, Jean-Marie Henckaerts

LLM Theses and Essays

The selection of the law applicable to a certain relationship may seem to be the sole purpose of choice of law rules. However, it is questionable whether this choice should be made independent from the content of the various laws available. The selection of the most appropriate law cannot disregard the social, economic and political values that form the basis of substantive rules. In modern legal systems, social values such as consumer protection are recognized to a growing extent.

The present work explores the concept of choice of law – namely party autonomy with a focus on consumer contracts in …

The Transformation Of American Property Law: A Comparative Law Approach, Alan Watson

Scholarly Works

This Article looks at aspects of a particular societal problem as it was approached at different historical periods in Roman, French, and American property law. The main point of the Article is to clarify understanding of the American course of development through an awareness of how the problem was dealt with elsewhere. This awareness will cast doubt on the simplicity of the American course of development as explained in a distinguished book, and on the relationship of the legal development to economic change. In THE TRANSFORMATION OF AMERICAN LAW, 1780-1860, Morton J. Horwitz seeks "to show that one of the …

Essential Functional Issues In Nepalese Contract Law: A Comparison With United States Law, Tribhuban Dev Bhatta

LLM Theses and Essays

American and Nepalese contract law may be put at two ends of spectrum. The former legal system is a long parent system. This comparative study will probe some of the causes of the stasis in Nepalese contract law by examining the Contract Act, cases adjudicated under it, and related provisions of the other laws. The inquiry is restricted to certain selected areas of functional interest form a Nepalese perspective and does not purport to examine interest interrelated doctrinal or other areas with equal thoroughness. The approach throughout is to study the Anglo-American contract law on the subject and compare Nepalese …