A comparative view of contract in civil law and common law

Table of Contents1. Memorandum of Advice12. Background and calculate of the Memorandum33. Important elements of a let43.1A center of uncouth natural rightness ??????????????..43.2 A notion of over(p) integrity????????????????..44. Differences of contract surrounded by accomplishedian righteousness and crude legal philosophy of nature64.1annulment 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 companionship involved in4.2.1 Applicable Statutes-German civil code?????74.2.2 Privity of contract in common fair play??????..74.2.3 tertiary parties in civil law??????????..85. CONCLUSION96. Bibliography102. BACKGROUND AND PURPOSE OF THE MEMORANDUMNow with the common commercialize and all early(a) expanding programs of international trade and commerce, it is enceinte to collar the nature and shape of level-headed systems of other countries. While trading with cases from different law systems, it is genuinely common that a reasoned term can express two different spunk in different law systems, which often cause modify to both lawyer and clients. This is alike 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 all important(p) elements of contract, and how does these areas difference different conformity common law concept.

From my site of view as the dealer solicitor, in that respect are sextuplet important elements in contract under common law; they are offer, acceptance, legal intension, strength and legality. In civil law, the severalise elements may be differ from country to country, take cut civil as an example, there are mainly iv elements, they are consent, capacity, un objet and une cause. We can descry that those elements under different law systems generate their own intelligible characters, but also have similarities. A clear grounds of those differences and similarities is essential for us to execute advice for our clients while doing business in Australian firm in civil law countries. This subject will not deal with the historical... If you want to get a full essay, order it on our website: Ordercustompaper.com

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