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Comparing Remedies for Breach of Contract in Italian and English Law

19 Pages Posted: 25 Jan 2012  

Luca Ficetola

University of London, School of Oriental & African Studies - School of Law

Date Written: May 3, 2011

Abstract

This detailed comparative research seeks to clarify three particular remedies available in English and Italian Law from a breach of contract. These are termination of contract, performance and monetary relief.

This research has followed a systematic comparative methodology and by doing so a comprehensive conclusion on remedies in Italian and English Law has been reached. This research has ensured a full analysis of these remedies by looking beyond English and Italian Law by comparing legal history, legal systems, legal culture, legal tradition and legal jurisprudence.

This research concludes by showing the importance of remedies beyond contract law. Furthermore, it will also show why it is important to carry out comparative research with a clear methodology because as harmonisation of Laws intensifies it is important that the true function of a countries Law is not overlooked and lost within the legal terminology of another legal system.

Keywords: Contract, law, English, Italian, Breach, termination, performance, monetary relief, comparative, methodology, legal history, legal systems, legal culture, legal tradition, legal jurisprudence, remedies, harmonisation, terminology, comparative methodology, comparative law, ficetola, luca

Suggested Citation

Ficetola, Luca, Comparing Remedies for Breach of Contract in Italian and English Law (May 3, 2011). Available at SSRN: https://ssrn.com/abstract=1990791 or http://dx.doi.org/10.2139/ssrn.1990791

Luca Ficetola (Contact Author)

University of London, School of Oriental & African Studies - School of Law ( email )

Thornhaugh Street, Russell Square
Russell Square
London, WC1H 0XG
United Kingdom

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