The Enforceability of Promises in European Contract Law

This 2001 book was the second completed project of The Common Core of European Private Law launched at the University of Trento.

James Gordley (Edited by)

9780521790215, Cambridge University Press

Hardback, published 12 July 2001

514 pages
22.9 x 15.2 x 3.3 cm, 0.92 kg

'The conclusion … weeks to identify what might be the best approach to adopt in relation to each broad type of promise examined through the case studies. this latter aspect will make the book of interest to those concerned with the harmonisation of European private law … the book will also be an indispensable resource for those interested in comparative private law, legal history and contractual obligations more generally.' European Public Law

Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

General editor's preface
Contributors
Table of legislation
Abbreviations
1. Some perennial problems
2. Contemporary solutions
Case 1: promises of gifts
Case 2: promises of compensation for services rendered without charge
Case 3: promises to pay debts not legally due
Case 4: a promise to come to dinner
Case 5: promises to store goods without charge
Case 6: promises to do a favour
Case 7: promises to loan goods without a charge
Case 8: a requirements contract
Case 9: promises to pay more than was agreed I
Case 10: promises to pay more than was agreed II
Case 11. Promises to do more than was agreed: promises to waive a condition
Case 12: promises to take less than was agreed
Case 13: options given without a charge
Case 14: promises of rewards
Case 15: promises of commissions
3. Comparison
Index by country
Index by subject.

Subject Areas: Private / Civil law: general works [LNB], Laws of Specific jurisdictions [LN], Common law [LAFC]