The Relationship between Rights and Remedies in Private Law: A Comparison between the Common and the Civil Law Tradition

TAKING REMEDIES SERIOUSLY, pp. 63-84, Robert Sharpe, Kent Roach eds., Montreal: Canadian Institute for the Administration of Justice, 2010

26 Pages Posted: 26 Jan 2012

See all articles by Helge Dedek

Helge Dedek

McGill University - Faculty of Law

Date Written: December 26, 2010

Abstract

In the common law world - particularly in the United Kingdom and the Commonwealth - a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar - used to thinking within a frame-work that strictly categorizes terms like substance and procedure, subjective right, action, and execution - the concept of remedy remains a mystery. The lack of "remedy" in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law.

Keywords: Rights, remedies, comparative law, common law, civil law

JEL Classification: K10, K12, K19, K40, K49

Suggested Citation

Dedek, Helge, The Relationship between Rights and Remedies in Private Law: A Comparison between the Common and the Civil Law Tradition (December 26, 2010). TAKING REMEDIES SERIOUSLY, pp. 63-84, Robert Sharpe, Kent Roach eds., Montreal: Canadian Institute for the Administration of Justice, 2010, Available at SSRN: https://ssrn.com/abstract=1992380

Helge Dedek (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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