Naslov
Conceptions of Contract in German and English Law and their Legal Traditions

Autori
Keršić, Marin

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, ostalo

Knjiga
Common Law and Civil Law Today - Convergence and Divergence

Urednik/ci
Novaković, Marko

Izdavač
Vernon Press

Grad
Wilmington (DE)

Godina
2019

Raspon stranica
363-380

ISBN
978-1-62273-507-5

Ključne riječi
contract, German law, English law

Sažetak
The topic of this paper is the comparative analysis of the conception of contract in German and English legal systems. The main question of the paper is: what are the defining elements of the conception of contract and what are their relations to the legal traditions of Germany and England? How do legal systems in question and their characteristics influence contract law, and particularly the concept of contract? This relation can be seen also from the other way – how do conceptions of the contract generally fit with the legal systems in question? The relevance of the topic stems from the contract law itself, which deals with one of the foundations of the society – exchange in its broad meaning. In the context of the world becoming more integrated, differences between legal systems and their comparison become an even more relevant issue. In terms of structure, after a brief introduction, the paper starts with theoretical considerations about “concept” and “conception” of contract and their relation (Part 2), followed by some of the key characteristics of contract law in German law (Part 3), continuing with such key characteristics of contract law in English law (Part 4). Through the exposition of the key characteristics and differences about the defining elements of the conceptions of contract in German and English law (in the form of summaries), the paper concludes with remarks regarding the main question, thus providing some comparative insight from the representatives of the Civil and Common law legal traditions. The conclusions could then be used as a starting point for other comparisons between legal systems, particularly the interpretation of contracts. The practical importance of interpretation comes from the fact that it ultimately has to lead to the solution of the problematic legal situations which involve unclear meaning or contested understanding, usually through judicial decisions. The paper aims to develop a starting framework for that research.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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