Law
Thomas Schindler
Rechtsgeschäftliche Entscheidungsfreiheit und Drohung
Die englische duress-Lehre in rechtsvergleichender Perspektive
[The Doctrine of Duress from a Comparative Perspective.]
64,00 €
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sewn paper
ISBN 978-3-16-148588-6
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Published in German.
Thomas Schindler examines the historical development and current requirements of the doctrine of duress from a comparative perspective. Traditionally, common law is understood as having developed separately from civil law. However, a comparative analysis of the historical foundations of the doctrine of duress in both English and German law provides not only a common historical starting point in both legal systems but also a converging future development of English law. A comparative examination of the doctrine of economic duress with regard to the scenario of a contractual modification by threatened breach of contract is then taken as an example of the extent to which this convergence has already been established.