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A Comparative View Of Contract In Civil Law And Common Law

1720 words - 7 pages

Table of Contents1. Memorandum of Advice12. Background and Purpose of the Memorandum33. Important elements of a contract43.1A notion of common law ……………………………………..43.2 A notion of civil law…………………………………………..44. Differences of contract between civil law and common law64.1Revocation of an offer4.1.1 Applicable Statutes-German civil code…………...64.1.2 Consideration vs. cause……………………...........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 law………………..74.2.3 Third parties in civil law…………………………..85. CONCLUSION96. Bibliography102. BACKGROUND AND PURPOSE OF THE MEMORANDUMNow with the common market and all other expanding programs of international trade and commerce, it is important to understanding the nature and function of legal systems of other countries.While dealing with cases from different law systems, it is very common that a legal term can have two different meaning in different law systems, which often cause confusion to both lawyer and clients. This is also what we will face in our future working as legal consultants in civil law countries in Australian firms.The company has asked for an explanation of the important elements of contract, and how does these areas difference different form common law concept. From my point of view as the principal solicitor, there are six important elements in contract under common law; they are offer, acceptance, legal intension, capacity and legality. In civil law, the key elements may be differ from country to country, take French civil as an example, there are mainly 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 make advice for our clients while doing business in Australian firm in civil law countries.This paper will not deal with the historical difference of common law and civil law in large context, but will focus rather on the difference of the key elements to from a valid contract in civil law and common law.In order to emphasize the difference of common law system and civil law system, essential respects of those two systems are assumed in this paper, which means we will take civil law as whole, issues like difference between French...

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