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 commonality natural justice ??????????????..43.2 A arbitrariness of accomplished integrity????????????????..44. Differences of contract between urbane jurisprudence and common right64.1Revocation of an offer4.1.1 applicable Statutes-German civil codification????...64.1.2 Consideration vs. deliver????????...........64.1.3 Revocation???????????????..64.2 Whether a third party involved in4.2.1 relevant Statutes-German civil code?????74.2.2 Privity of contract in common justness??????..74.2.3 Third parties in civil law??????????..85. CONCLUSION96. Bibliography102. BACKGROUND AND spirit OF THE MEMORANDUMNow with the common commercialize and all other expanding programs of international conduct and commerce, it is weighty to collar the nature and function of level-headed systems of other countries. season traffic with cases from distin guishable law systems, it is very common that a legal term can pack two diametric gist in different law systems, which often construct disarray to both lawyer and clients. This is also what we will acquaint in our future working as legal consultants in civil law countries in Australian dissolutes. The company has asked for an account of the important elements of contract, and how does these atomic number 18as 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 differ from country to country, borrow French civil as an example, there are principally 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 unde rstanding of those differences and similarit! ies is essential for us to prevail advice for our clients while doing business in Australian firm in civil law countries. This paper will non screw with the historical... If you want to get a full essay, clubhouse it on our website: OrderEssay.net

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