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Legal Irritants: How Unifying Law Ends up in New Divergences

Gunther Teubner

in Varieties of Capitalism: The Institutional Foundations of Comparative Advantage

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199247752
eISBN:
9780191596346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199247757.003.0013
Subject:
Economics and Finance, Economic Systems

Recent attempts at institutional transfer of legal rules from one production regime to the other seem to produce a double irritation in the new context. As the case of transfer of continental rules ... More


The German Civil Code and the Development of Private Law in Germany

Reinhard Zimmermann

in The New German Law of Obligations: Historical and Comparative Perspectives

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199291373
eISBN:
9780191700613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291373.003.0002
Subject:
Law, Law of Obligations

The German Civil Code is a comparatively late fruit of the codification movement. The way towards legal unity by means of a code of private law had been long and arduous. In the first half of the ... More


Objectivity and Subjectivity in Contract Interpretation

Phillip Hellwege

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0036
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter discusses objectivity and subjectivity in contract interpretation. It first considers the subjective approach prevailing in the German legal system. It then turns to Scots law, which is ... More


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