Comparative methods in contract law

Yuliya Chernykh and Mads Andenas

Chapter 3 in Research Methods for Contract Law and Scholarship, 2025, pp 64-89 from Edward Elgar Publishing

Abstract: Contract law has long held a central place in comparative law research, but there are still many areas where comparative contract law can and must advance. Importantly, methodological approaches to comparison are far from settled. This chapter does not attempt to offer any single authoritative account of comparative methods in contract law research. Instead, it explains the reasons for methodological disagreements, accounts for the leading approaches, identifies how the different approaches can contribute to contract law research, and reflects on possible uses and abuses, or limits and possibilities, of the different ways that comparative law approaches can create new knowledge and contribute to understanding. This panoramic view is structured around classical, empirical, interdisciplinary, and critical strands in comparative contract law.

Keywords: Methods of comparative law; Functional method; Empirical approach; Interdisciplinary approach; Critical approach; Harmonisation (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316465
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