Comparative Law of Contracts

This short book on such a broad topic attempts to illustrate the point made by Professor V. G. Curran that difficulties in transmitting concepts across cultural-linguistic differences can be remedied by taking a cultural immersion approach for effective comparative legal analysis. (Comparative Law, CAP). This book is divided into topics most illustrative of a trans-systemic approach and begins with the History and Foundations of Contract (Part I), with an emphasis on the notion of contract and those elements of a contract considered essential to its formation. The Execution of Contracts (Part II) reflects the impact of the different cultural contexts on the nature and extent of the performance of their obligations by parties to a contract.

This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law.

"The small size of this volume hides the depth and wealth of the juxtaposition between some basic concepts and institutions of the law of contracts in the civil law and the common law traditions. The French, German, Italian, Quebec and Louisiana legal systems are examined in parallel with the English and American legal systems, as well as with the Principles of UNIDROIT, the Vienna Convention… Not only law students but lawyers involved in international transactions will find a most helpful guide in his unique perspective of the law of contracts. Only a 'jurist' at ease in a trans-systemic legal system, as is the legal system of Louisiana, could have succeeded in this challenging endeavor… [T]his work is aimed mainly at students, especially those in mixed jurisdictions, like Louisiana and Quebec, for whom it will an invaluable tool and resource. But this work will also be of great benefit and interest to all those who cannot and should not remain passive while witnessing the dual movement which takes place today in the international harmonization of law and the restructuring of the law of contracts. Without a doubt this work will facilitate the increasing dialog among the legal communities in all countries and, ultimately, provide help to the inevitable 'rapprochement' between the civil law and the common law traditions."
— Xavier Blanc-Jouvan, Professor of Law, Emeritus, Paris 1; Director, Revue Internationale de Droit Comparé