Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. By observing the social and customary norms of gift-giving within internal and external legal parameters, Professor Richard Hyland observes with both legal and civil clarity the ways in which different civil and common law jurisdictions confront common issues.
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. By observing the social and customary norms of gift-giving within internal and external legal parameters, Professor Richard Hyland observes with both legal and civil clarity the ways in which different civil and common law jurisdictions confront common issues.
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 Diplôme d'Études Approfondies (LL.M.) from the University of Paris 2, was a Fulbright Scholar at the Universities of Rome and Messina in Italy. He received his J.D. at the Boalt Hall Law School in the University of California, Berkley and his A.B. at Harvard College. Prof. Hyland's honors and services include the Council on Foreign Relations, the International Academy of Comparative Law, and the American Law Institute.
Inhaltsangabe
Acknowledgments Chapter 1 The Context of Gift Law A. Notions of the Gift B. Approaches to Gift giving Chapter 2 A Flexible Methodology for Comparative Law A. A Critique of Functionalism B. A Common Sense Approach to the Law of Gifts Chapter 3 The Legal Concept of the Gift A. Gratuitousness B. The Subjective Factors: Agreement and Donative Intent C. An Inter Vivos Transfer D. The Gift Object Chapter 4 Gift Capacity A. The Capacity of the Donor B. The Capacity of the Donee Chapter 5 The Gift Promise A. Introduction B. Circumstances Permitting Enforcement C. Gift Promise Formalities and the Executed Gift D. Defenses and Other Limitations Chapter 6 Making the Gift A. The Disposition B. Acceptance C. Perfection Chapter 7 Revocation A. The Principle of Irrevocability B. Circumstances Permitting Revocation Chapter 8 The Place of the Gift in the Private Law A. Gift as Contract B. Other Legal Characterizations C. Beyond the Reach of the Law Index
Acknowledgments Chapter 1 The Context of Gift Law A. Notions of the Gift B. Approaches to Gift giving Chapter 2 A Flexible Methodology for Comparative Law A. A Critique of Functionalism B. A Common Sense Approach to the Law of Gifts Chapter 3 The Legal Concept of the Gift A. Gratuitousness B. The Subjective Factors: Agreement and Donative Intent C. An Inter Vivos Transfer D. The Gift Object Chapter 4 Gift Capacity A. The Capacity of the Donor B. The Capacity of the Donee Chapter 5 The Gift Promise A. Introduction B. Circumstances Permitting Enforcement C. Gift Promise Formalities and the Executed Gift D. Defenses and Other Limitations Chapter 6 Making the Gift A. The Disposition B. Acceptance C. Perfection Chapter 7 Revocation A. The Principle of Irrevocability B. Circumstances Permitting Revocation Chapter 8 The Place of the Gift in the Private Law A. Gift as Contract B. Other Legal Characterizations C. Beyond the Reach of the Law Index
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