Comparstive law Essay Example | Topics and Well Written Essays - 3750 words

Comparstive law - Essay Example The paper aims to understand the meaning and the concepts related to the comparative law. Besides it also provides an in detail description about different legal principles and its applications at various situations concerning the contract law. This is done by resolving a case study which revolves around three parties – the lessor, the lessee and the contractor. The paper is divided into two sub sections: the first section specifies the definition, meaning and relevance of the comparative law. It identifies and defines the various clauses and legal principles related to the comparative law. The second section of the paper deals with the case study – an overview of the case, description of the parties involved, legal principles related to the different situations arising in the case and providing a solution in accordance with the contract law clauses and cases. The paper concluded with a general observation on which law would be best suited to resolve the case had it been a real life scenario. All the references to the cases are derived from the books mentioned in the bibliography at the end of the report. In order to appraise the development and use of comparative law in the modern world, it is necessary to examine the nature, scope and its origin. Traditionally, comparative law has been comparative law of legal orders. This means that it is still pre determined by the tradition of 19th-century legal thought, where law is seen a system of positive legal orders.... thought, and define itself more as comparison of legal systems in the sense of systemization discourses. There are no less than 42 legal systems in the world, and comparison has traditionally focused on three major legal families in the world, namely the civil law system, common law system and socialist system. So, 'comparative law' can be said to describe the systematic study of particular legal traditions and legal rules on a comparative basis. To qualify as a true comparative law enterprise, it also requires the comparison of two or more legal systems, or two or more legal traditions, or of selected aspects, institutions or branches of two or more legal systems. Razi argues that a legal system in the wide sense 'is not made of rules alone but is also characterized by its institutions, practices, standards of research and even the mental habits of lawyers, judges, legislators and administrators' (Razi (1959) 5 Howard LJ 11). Legal culture has been define by Lawrence Friedman as 'ideas, values, expectations and attitudes towards law and legal institutions which some public or some part of the public holds' (Friedman (1997)). Comparative law is, therefore, primarily a method of study rather than a legal body of rules. Importance of Comparative Law: The comparative method has frequently been of practical significance to courts and the judicial process, in filling gaps in legislation or in case law, in providing the background and origin to legal rules and concepts which have been inherited or transplanted from other jurisdictions, in matters which are not covered by a code provision or statute or case law authority. In this way, a variety