Gifts: A Study in Comparative Law

Paperback | February 22, 2012

byRichard Hyland

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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 themarketplace. 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 excellentview 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 studydemonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

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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 themarketplace. As a result of these two characteri...

Richard Hyland is Distinguished Professor of Law at Rutgers University School of Law and an internationally recognized scholar of comparative law. He's received his M.F.A. in fiction from Columbia University, a Diplome d'Etudes Approfondies (LL.M.) from the University of Paris 2, was a Fulbright Scholar at the Universities of Rome and...
Format:PaperbackDimensions:732 pages, 9.21 × 6.14 × 0.68 inPublished:February 22, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199843481

ISBN - 13:9780199843480

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Table of Contents

Acknowledgments1. The Context of Gift LawA. Notions of the GiftB. Approaches to Gift giving2. A Flexible Methodology for Comparative LawA. A Critique of FunctionalismB. A Common Sense Approach to the Law of Gifts3. The Legal Concept of the GiftA. GratuitousnessB. The Subjective Factors: Agreement and Donative IntentC. An Inter Vivos TransferD. The Gift Object4. Gift CapacityA. The Capacity of the DonorB. The Capacity of the Donee5. The Gift PromiseA. IntroductionB. Circumstances Permitting EnforcementC. Gift Promise Formalities and the Executed GiftD. Defenses and Other Limitations6. Making the GiftA. The DispositionB. AcceptanceC. Perfection7. RevocationA. The Principle of IrrevocabilityB. Circumstances Permitting Revocation8. The Place of the Gift in the Private LawA. Gift as ContractB. Other Legal CharacterizationsC. Beyond the Reach of the LawIndex