The common error in nomine

The common error in nomine

  • Miriam Nabinger
Publisher:GRIN VerlagISBN 13: 9783638011983ISBN 10: 3638011984

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The common error in nomine is written by Miriam Nabinger and published by GRIN Verlag. It's available with International Standard Book Number or ISBN identification 3638011984 (ISBN 10) and 9783638011983 (ISBN 13).

Seminar paper from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 72%, Stellenbosch Universitiy (University of Stellenbosch, South Africa - Department for Private Law), course: Comparative Private Law, language: English, abstract: In this paper it will be made an effort to compare the German and English position in the situation where two parties to a contract have actually reached consensus but gave their agreement an outwards wrong expression by using a wrong name for the subject-matter of contract. In a first step, the general positions in both jurisdictions will be presented and afterwards, as a practical application of the functionalist approach, it will be sought to determine if the English law would have reached the same outcome if it would have to decide a prominent German court decision by reference to comparable English cases.