The common error in nomine
Legal comparison of the German and English position
Nonfiction, Reference & Language, Law, International
| Author: | Miriam Nabinger | ISBN: | 9783638011983 |
| Publisher: | GRIN Publishing | Publication: | February 26, 2008 |
| Imprint: | GRIN Publishing | Language: | English |
| Author: | Miriam Nabinger |
| ISBN: | 9783638011983 |
| Publisher: | GRIN Publishing |
| Publication: | February 26, 2008 |
| Imprint: | GRIN Publishing |
| Language: | English |
Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, 49 entries in the bibliography, language: English, abstract: In this paper it will be made an effort to compare the German and English position in the situation where two parties to a contract have actually reached consensus but gave their agreement an outwards wrong expression by using a wrong name for the subject-matter of contract. In a first step, the general positions in both jurisdictions will be presented and afterwards, as a practical application of the functionalist approach, it will be sought to determine if the English law would have reached the same outcome if it would have to decide a prominent German court decision by reference to comparable English cases.
Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, 49 entries in the bibliography, language: English, abstract: In this paper it will be made an effort to compare the German and English position in the situation where two parties to a contract have actually reached consensus but gave their agreement an outwards wrong expression by using a wrong name for the subject-matter of contract. In a first step, the general positions in both jurisdictions will be presented and afterwards, as a practical application of the functionalist approach, it will be sought to determine if the English law would have reached the same outcome if it would have to decide a prominent German court decision by reference to comparable English cases.
