A comparative view of contract in civil law and common law

Table of Contents1. Memorandum of Advice12. Background and Purpose of the Memorandum33. Important elements of a contract43.1A spirit of commons natural justice ??????????????..43.2 A intuitive feeling of accomplished integrity????????????????..44. Differences of contract between civilized virtue and common legal philosophy64.1Revocation of an offer4.1.1 applicable Statutes-German civil codification????...64.1.2 Consideration vs. originator????????...........64.1.3 Revocation???????????????..64.2 Whether a third party involved in4.2.1 applicable Statutes-German civil code?????74.2.2 Privity of contract in common fair play??????..74.2.3 Third parties in civil law??????????..85. CONCLUSION96. Bibliography102. BACKGROUND AND point OF THE MEMORANDUMNow with the common commercialize and all other expanding programs of international stack and commerce, it is weighty to collar the nature and function of level-headed systems of other countries. small-arm traffic with cases from assorted law systems, it is very common that a legal term can pack two contrastive gist in different law systems, which often execute disarray to both lawyer and clients. This is withal what we will expression in our future working as legal consultants in civil law countries in Australian solids. The company has asked for an write up of the important elements of contract, and how does these areas difference different form common law concept.

From my locate of view as the principal solicitor, there are sextette important elements in contract under common law; they are offer, acceptance, legal intension, capacity and legality. In civil law, the describe elements may be diff er from country to country, bump off French! civil as an example, there are chiefly four elements, they are consent, capacity, un objet and une cause. We can find that those elements under different law systems have their own distinct characters, but also have similarities. A clear understanding of those differences and similarities is essential for us to prevail advice for our clients while doing business in Australian firm in civil law countries. This paper will not screw with the historical... If you want to get a full essay, society it on our website: OrderEssay.net

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