Comparing Remedies for Breach of Contract in Italian and English Law
19 Pages Posted: 25 Jan 2012
Date Written: May 3, 2011
Abstract
This detailed comparative research seeks to clarify three particular remedies available in English and Italian Law from a breach of contract. These are termination of contract, performance and monetary relief.
This research has followed a systematic comparative methodology and by doing so a comprehensive conclusion on remedies in Italian and English Law has been reached. This research has ensured a full analysis of these remedies by looking beyond English and Italian Law by comparing legal history, legal systems, legal culture, legal tradition and legal jurisprudence.
This research concludes by showing the importance of remedies beyond contract law. Furthermore, it will also show why it is important to carry out comparative research with a clear methodology because as harmonisation of Laws intensifies it is important that the true function of a countries Law is not overlooked and lost within the legal terminology of another legal system.
Keywords: Contract, law, English, Italian, Breach, termination, performance, monetary relief, comparative, methodology, legal history, legal systems, legal culture, legal tradition, legal jurisprudence, remedies, harmonisation, terminology, comparative methodology, comparative law, ficetola, luca
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