Specific performance in German, French and Dutch law in the nineteenth century : remedies in an age of fundamental rights and industrialisation /
Oosterhuis, Janwillem.
Specific performance in German, French and Dutch law in the nineteenth century : remedies in an age of fundamental rights and industrialisation / by Janwillem Oosterhuis. - 1 online resource. - Nijhoff eBook titles Legal history library ; v. 4 Studies in the history of private law ; v. 2 . - Legal History Library 4/2. International Law E-Books Online, Collection 2011, ISBN: 9789004222991. .
Includes bibliographical references (p. [591]-610) and index.
Preliminary Material -- Introduction -- Specific Performance before the Nineteenth Century -- Specific Performance as Primary Remedy -- Damages as Rule -- Specific Performance as an Exceptional Remedy -- Summary and Conclusions -- Bibliography -- Index of Names -- Index of Sources -- Index of Cases.
Available to subscribing member institutions only.
The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations. Studies in the History of Private Law , volume 2
9789004202283
10.1163/ej.9789004196056.i-638 DOI
2010043531
Specific performance--History--France--19th century.
Specific performance--History--Germany--19th century.
Specific performance--History--Netherlands--19th century.
KJC1564.5 / .O57 2011
346.02/2
Specific performance in German, French and Dutch law in the nineteenth century : remedies in an age of fundamental rights and industrialisation / by Janwillem Oosterhuis. - 1 online resource. - Nijhoff eBook titles Legal history library ; v. 4 Studies in the history of private law ; v. 2 . - Legal History Library 4/2. International Law E-Books Online, Collection 2011, ISBN: 9789004222991. .
Includes bibliographical references (p. [591]-610) and index.
Preliminary Material -- Introduction -- Specific Performance before the Nineteenth Century -- Specific Performance as Primary Remedy -- Damages as Rule -- Specific Performance as an Exceptional Remedy -- Summary and Conclusions -- Bibliography -- Index of Names -- Index of Sources -- Index of Cases.
Available to subscribing member institutions only.
The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations. Studies in the History of Private Law , volume 2
9789004202283
10.1163/ej.9789004196056.i-638 DOI
2010043531
Specific performance--History--France--19th century.
Specific performance--History--Germany--19th century.
Specific performance--History--Netherlands--19th century.
KJC1564.5 / .O57 2011
346.02/2