Hein Kotz

An Introduction to Comparative Law.

Aims : The aim of the course is twofold: (a) introducing the student to some major legal systems and to a comparative approach combining several legal traditions; (b) assisting the student in becoming acquainted with the skills required for attending lectures and presenting a written examination in a foreign language (English), and specifically in the context of legal studies. The contribution of this Teaching Unit to the development and command of the skills and learning outcomes of the programme(s) can be accessed at the end of this sheet, in the section entitled “Programmes/courses offering this Teaching Unit”.

Precontractual Duties of Disclosure: A Comparative and Economic Perspective

If during precontractual negotiations a person deliberately keeps quiet about facts which he knew or should have known were of particular importance to the other party that party may avoid the contract on the ground of deceit if, and only if, a duty of disclosure can be found to exist. What are the conditions that must be satisfied to assume the existence of such a duty of disclosure? The European legal systems merely offer vague formulas with little or no operational power. Can economic theory provide more precise criteria? The general principle should be that a negotiating party must proffer information in his possession which is material to the other partys decision. However, economic analysis suggests that a party should be allowed to withhold material information if the information is “productive” and was costly to obtain unless its acquisition and disclosure were owed under a contract for value. These rules are discussed in the light of a number of cases from various European jurisdictions.

Comparative Law: A Veteran’s View

The International Academy of Comparative Law invited five veterans of the field to state their views on “The Past, the Present and the Future of Comparative Law”. Their task was made easier by various questions asked by the President of the Academy, Ms. K. Boele-Woelki. The following text is an extended and supplemented version of my answers.