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- Foreword
- Foreword to the Second Edition
- Foreword to the Third Edition
- List of abbreviations
- I. Law and society
- 1. The functions of law
- 2. Law and religion
- 3. The process of juridification of Western society
- 4. Law and technology
- 5. Western law and the laws of surviving societies
- 6. Mute law
- 7. Animal law
- II. The Western legal tradition
- 1. The Roman invention of law
- 2. Classical Roman law and the Justinian compilation
- 3. The medieval renaissance of Roman law
- 4. The continental ius commune ad the English
common law
- 4.1. Corpus iuris civilis and Corpus iuris canonici
- 4.2. Common law and equity
- 5. The advent of national law (ius patrium) and the ideal of its codification
- III. National and international law
- 1. Statism and nationalism of contemporary Western laws
- 2. The establishment of the Westphalian paradigm: the split of national and international law
- 3. Comparative law
- 3.1. Concept and historical development
- 3.2. Aims and methods
- 4. Private international law
- 5. Uniform law
- IV. Civil law and common law jurisdictions
- 1. The legacy of Roman law in Europe
- 2. The divide of civil law and common law traditions
- 3. Civil law jurisdictions
- 3.1. National codifications of private law between nineteenth and
twentieth century
- 3.1.1 The ‘Code civil des Français’ (or ‘Code Napoléon’)
- 3.1.2. The ‘German Bürgerliches Gesetzbuch’ (BGB)
- 3.1.3. The Italian ‘Codice civile’ of 1942
- 4. Common law jurisdictions
- 5. Mixed jurisdictions
- V. Law and justice
- 1. Two (incompatible?) views of law
- 2. Natural law and human reason
- 3. Positive law and political power
- 4. The dilemma of unjust law
- 5. The renaissance of natural law after World War II
- VI. Rules, principles, legal systems
- 1. The rules
- 1.1. The conditional structure of rules
- 1.2. The scope of rules: their generality and abstractness
- 1.3. Mandatory and default rules
- 2. The legal systems
- 2.1. The sources of law
- 2.2. The gaps (lacunae) and the devices to fill them
- 2.3. The conflicts of norms (antinomies) and the criteria to settle them
- 3. The principles of law
- VII. Private law and its sources
- 1. The divide of private law and public law
- 2. Commercial law and its relationship with the rest of private law
- 3. The legislature and the judiciary
- 3.1. Civil law jurisdictions
- 3.2. Common law jurisdictions
- 4. Legal education and legal scholarship
- 5. Law and economics (and other interdisciplinary legal studies)
- VIII. European law
- 1. European Union law (acquis communautaire)
- 1.1. History and concept
- 1.2. The sources of the European Union law
- 1.2.1. At the primary level
- 1.2.2. At the secondary level
- 1.3. The supremacy (priority) of European Union law upon
the Member States’ laws
- 1.4. State liability for infringement of European Union law
- 1.5. Existing private law of the European Union
- 1.5.1. At the primary level
- 1.5.2. At the secondary level
- 2. The European common core of national private laws (acquis commune)
- 2.1. Concept and history
- 2.2. European restatements and model laws regarding contracts
- 2.3. European restatements and model laws regarding other areas
of private law
- 3. The prospective of a European codification of private law
- IX. Legal facts and legal acts
- 1. The legal relevance of natural events and human actions
- 2. The German tripartite taxonomy of legal facts, heteronomous legal acts,
and autonomous legal acts
- 3. The French bipartite taxonomy of legal facts and legal acts
- 4. The eclectic Italian taxonomy of legal facts and legal acts
- 5. The European taxonomy and the centrality of legal acts in private law
- X. Rights and duties
- 1. Legal positions and legal relations
- 2. Simple positions of ‘may do’: freedoms (or privileges or liberties)
- 3. Simple positions of ‘can do’: powers (and power-rights)
- 4. (Subjective) rights
- 4.1. Will theory (or choice theory) vs interest theory (or benefit theory)
- 4.2. Classifications of rights
- 4.2.1. Relative rights (or rights in personam)
- 4.2.2. Absolute rights (or rights in rem)
- 4.3. The doctrine of abuse of rights
- 5. Delayed exercise of rights
- 5.1. Prescription and statutes of limitations
- 5.2. Statutes of repose and nonclaim statutes
- XI. Legal subjects
- 1. Legal personhood
- 1.1. Natural persons
- 1.2. Legal persons
- 1.2.1. Companies
- 1.2.2. Non-profit organizations
- 1.3. Emerging legal subjects
- 2. Capacity to act
- 2.1. Natural persons
- 2.1.1. Minors
- 2.1.2. Incapacitated adults
- 2.2. Legal persons
- Bibliography