Comparative Contract Law


Comparative Contract Law

Exercises in Comparative Methodology

3rd edition

9781800373686 Edward Elgar Publishing
Thomas Kadner Graziano, Professor, University of Geneva, Switzerland and Director of the Department of Private International Law and of the Programme on Transnational Law
Publication Date: 2023 ISBN: 978 1 80037 368 6 Extent: 754 pp
This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.

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Critical Acclaim
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This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features:

• A comparative perspective on highly topical, real-life issues of contract law;
• Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified;
• An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law;
• NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction;
• NEW! A chapter on ‘contractual penalty clauses’, a frequent occurrence in contractual practice;
• NEW! Full integration of the Chinese Civil Code which entered into force in 2021.

Essential reading for all students of comparative contract law and methodology, this third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.
Critical Acclaim
‘A new feature in the third edition are brief overviews of each country’s history and legal system, whenever a country appears for the first time in the case studies. This is very useful and has been done excellently in terms of style and depth. Kadner Graziano skilfully managed to find the right balance between providing too little and too much information. […] The book makes a profound contribution towards comparative scholarship in general and comparative contract law in particular. It is stimulating, provides easy access to an impressive range of materials on many legal systems, and is essential reading for anyone interested in comparative contract law at a European or international level.’
– Sirko Harder, British Association of Comparative Law Blog

‘Learning-by-doing, a unique, creative and highly efficient approach for the teaching and studying of comparative contract law. Moreover, this textbook presents an enormously rich and inclusive collection of national laws, international instruments and cases. A truly nice read!’
– Bingwan Xiong, Renmin University of China

‘This book provides an introduction to contract law with a comparative perspective. It combines analysis of contract law and comparative methodology and therefore provides double the interest for the reader. Nowadays, comparative law is serving as a more and more important tool for legal scholars and lawyers. This is particularly meaningful for Chinese readers, since Chinese contract law is typically a fruit of comparative law, largely inspired by the civil law system and some international instruments including CISG and PICC. Therefore, among the different sources of comparative law listed in the book, it’s quite interesting to find the newly adopted Chinese Civil Code and the bibliography of some leading Chinese scholars. The Chinese reader is invited to discover and to compare different approaches from different jurisdictions; and such a process may incur more reflections on Chinese law so that (s)he can find out the most appropriate solution for some specific issues of contract law.’
– Shi Jiayou, Renmin University of China and National Research Center of Civil and Commercial Law

Acclaim for the previous edition:

‘An excellent book and a remarkable pedagogical tool. It very convincingly makes the case for the use of comparative law and is the ideal basis for a truly comparative and transnational legal class.’
Jean-Sébastien Borghetti, Université Panthéon-Assas (Paris II), France

‘The presentations are well systematized, clear, and well written. They are a pleasure to read. Students who have been taught comparative law by the book are well armed.’
Ole Lando, Copenhagen Business School, Denmark

‘The book provides a panoramic world map of contract laws in different jurisdictions. The methodology used is also of utmost value in doing comparison on other subjects of comparative law.
Xiangshun Ding, Renmin University, China

‘The perfect textbook for teaching this subject and for inspiring students. The book offers the unique opportunity to understand and master the challenges of cross-border contracting, which is quintessential for legal practice in a globalized world.’
Bernhard Koch, Universität Innsbruck, Austria

‘The book is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. The cases highlight the expected and sometimes less expected differences and similarities between the jurisdictions in Europe. I cherish this book for my course on transnational contract law and highly recommend it to anyone interested in this stimulating field of study.’
André Prüm, University of Luxembourg
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