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 common natural justice ??????????????..43.2 A notion of accomplished integrity????????????????..44. Differences of contract between civil law and common law64.1Revocation of an offer4.1.1 applicable Statutes-German civil codification????...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 commercialize and all other expanding programs of international trade and commerce, it is weighty to collar the nature and function of level-headed systems of other countries.

While traffic with cases from different law systems, it is very common that a legal term can pack two different gist in different law systems, which often cause disarray 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 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, 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 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, order it on our website: Ordercustompaper.com



If you want to get a full essay, wisit our page: write my paper