Comparative law - Essay Example

The paper aims to understand the meaning and the concepts related to comparative law. Besides it also provides an in detail description of different legal principles and their applications in various situations concerning contract law. This is done by resolving a case study that 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 comparative law. The second section of the paper deals with the case study – an overview of the case, a 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 its nature, scope, and origin. Traditionally, comparative law has been the comparative law of legal orders. This means that it is still pre-determined by the tradition of 19th-century legal thought, where the law is seen as a system of positive legal orders.. thought and defines itself more as a 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, two or more legal traditions, or of selected aspects, institutions, or branches of two or more legal systems.