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
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: Suggested Citation