Comparative Contract Law, Fourth Edition: Exercises in Comparative Methodology

by Thomas Kadner Graziano

Overview

Comparative Contract Law is the thoroughly revised fourth edition of a widely acclaimed and well-established textbook. It brings together extracts from legislation and court practice in case studies and promotes a ‘learning-by-doing’ approach to comparative methodology, enabling students to experience comparative law in action. The book acts as a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

Key Features:

• A comparative perspective on highly topical, real-life issues of contract law
• Materials from some 30 jurisdictions in both their original languages and high quality translations
• Students are able to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law
• NEW! Full integration of the new Belgian Civil Code and information on small and medium-sized jurisdictions further diversified

Product Details

ISBN-13:	9781035341412
Publisher:	Edward Elgar Publishing
Publication date:	05/10/2025
Pages:	786
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

Thomas Kadner Graziano, Professor, University of Geneva, Switzerland and Director, Department of Private International Law and Programme on Transnational Law

Table of Contents

Contents
Preface
PART A INTRODUCTION
1. Contract law in the 21st century – the purpose of this book
2. A case-oriented and multilateral approach to the teaching and studying of
comparative law: the approach used in this book
3. Is it legitimate and beneficial for judges to compare?
PART B CASE STUDIES
I. Formation of contracts
1. Offer or invitation to treat (invitatio ad offerendum)?
2. Conditions for the formation of a contract – agreement or more? (cause and
consideration)
3. Obligation to maintain an offer or freedom to revoke it?
4. Modification of contracts – the free will of the parties or limits on the
freedom to contract (consideration revisited)?
5. The battle of forms
II. Performance of contracts
6. A right to performance of the contract or only a right to damages?
7. Damages and the role of fault in the event of delivery of goods not in
conformity with the contract
8. Contractual penalty clauses
9. Termination or alteration of a contract in the event of a fundamental
change of circumstances? (Clausula rebus sic stantibus or impr.vision)
10. Contracts and the transfer of ownership in movable property
III. The law applicable to cross-border contracts and the future of
European contract law
11. The law applicable to cross-border contracts (introduction)
12. The future of European contract law
Index

Editorial Reviews

‘As non-European readers, we are impressed by the book’s genuine “comparative” methodology which is not limited to the European “big three” but extends to many other jurisdictions. For example, the new Chinese Civil Code of 2021 is largely cited, the analysis such as on the battle of forms and the transfer of ownership in movable property provides a precious reference for our Chinese jurists.’

Shi Jiayou

‘An excellent book and a remarkable pedagogical tool. It very convincingly makes the case for the use of comparative law and is the ideal basis for a truly comparative and transnational legal class.’

Jean-Sébastien Borghetti

Acclaim for previous editions:

From the Publisher

‘This comparative law textbook is establishing itself as a classic of the 21st century.’

Caroline Rapatz

‘The perfect textbook for teaching this subject and for inspiring students. The book offers the unique opportunity to understand and master the challenges of cross-border contracting, which is quintessential for legal practice in a globalized world.’

Bernhard Koch

‘The presentations are well systematized, clear, and well written. They are a pleasure to read. Students who have been taught comparative law by the book are well armed’.

Ole Lando

‘Learning-by-doing, a unique and highly efficient approach for the teaching and studying of comparative contract law. The textbook presents an enormously rich and inclusive collection of national laws, international instruments and cases. A truly nice read!’

Xiong Bingwan

‘A new feature are brief overviews of each country’s history and legal system, whenever a country appears for the first time in the case studies. This is very useful and has been done excellently in terms of style and depth. Kadner Graziano skilfully managed to find the right balance between providing too little and too much information. […] The book makes a profound contribution towards comparative scholarship in general and comparative contract law in particular.’

Sirko Harder