• Contact

  • Newsletter

  • About us

  • Delivery options

  • Prospero Book Market Podcast

  • Gifts: A Study in Comparative Law

    Gifts by Hyland, Richard;

    A Study in Comparative Law

      • GET 10% OFF

      • The discount is only available for 'Alert of Favourite Topics' newsletter recipients.
      • Publisher's listprice GBP 65.00
      • The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.

        31 053 Ft (29 575 Ft + 5% VAT)
      • Discount 10% (cc. 3 105 Ft off)
      • Discounted price 27 948 Ft (26 618 Ft + 5% VAT)

    31 053 Ft

    db

    Availability

    printed on demand

    Why don't you give exact delivery time?

    Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.

    Product details:

    • Publisher OUP USA
    • Date of Publication 23 February 2012

    • ISBN 9780199843480
    • Binding Paperback
    • No. of pages732 pages
    • Size 234x156x37 mm
    • Weight 1007 g
    • Language English
    • 0

    Categories

    Short description:

    Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. By observing the social and customary norms of gift-giving within internal and external legal parameters, Professor Richard Hyland observes with both legal and civil clarity the ways in which different civil and common law jurisdictions confront common issues.

    More

    Long description:

    Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain.

    Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

    More

    Table of Contents:

    Acknowledgments
    Chapter 1 The Context of Gift Law
    A. Notions of the Gift
    B. Approaches to Gift giving
    Chapter 2 A Flexible Methodology for Comparative Law
    A. A Critique of Functionalism
    B. A Common Sense Approach to the Law of Gifts
    Chapter 3 The Legal Concept of the Gift
    A. Gratuitousness
    B. The Subjective Factors: Agreement and Donative Intent
    C. An Inter Vivos Transfer
    D. The Gift Object
    Chapter 4 Gift Capacity
    A. The Capacity of the Donor
    B. The Capacity of the Donee
    Chapter 5 The Gift Promise
    A. Introduction
    B. Circumstances Permitting Enforcement
    C. Gift Promise Formalities and the Executed Gift
    D. Defenses and Other Limitations
    Chapter 6 Making the Gift
    A. The Disposition
    B. Acceptance
    C. Perfection
    Chapter 7 Revocation
    A. The Principle of Irrevocability
    B. Circumstances Permitting Revocation
    Chapter 8 The Place of the Gift in the Private Law
    A. Gift as Contract
    B. Other Legal Characterizations
    C. Beyond the Reach of the Law
    Index

    More
    0