We learned of the publication of the book Estoppel w angloamerykańskim prawie prywatnym (title in English: Estoppel in Anglo-American Private Law).
ABOUT THE BOOK
The book attempts to analyze the
status of several Anglo-American legal doctrines referred to as equitable
estoppel, promissory estoppel, and proprietary estoppel. It examines the
English, American and Australian law from the 18th century onwards. The book
draws analogies to legal devices detectable in continental civil law and
characterized by the goal similar to that performed by various types of
estoppel. Among these devices there may be listed those found in the European
harmonization projects (PECL, DCFR, CESL) as well as those found in the
national civil codes, and specifically such as principle of good faith and fair
dealing or the prohibition on the abuse of rights.
Common law jurisdictions
recognize a number of specific estoppel doctrines. The latter prevent the
negative effects of an inconsistent conduct of the other party and counteract
the occurrence of detriment or other negative consequences (often referred to
by a vague notion of ‘unconscionability’) resulting from the party’s reliance
on the other party’s inconsistent conduct.
Estoppels are used today as
‘safety valves’ in almost all fields of Anglo-American private law. The courts
apply them to settle accounts for the expenditures made on someone else’s property
and also to protect the addressees of formally defective promises (made in
breach of the statute of frauds) as well as to protect the parties to the
negotiations that did not lead to the contract’s conclusion. Estoppels can also
be found in family-law relations as a device to settle the accounts of former
cohabitants or to modify the partition of the deceased’s estate.
Despite the broad scope of its
application, the law on estoppels is far from being settled. Significant
differences occur in its interpretation under various jurisdictions. While in
English law the promissory estoppel might be used only as a defence (‘a
shield’), the American and Australian law recognize it as an independent cause
of action (‘a sword’). There are many controversies and disputes that are
currently taking place both in the courts and in the scholarship. They lead to
legal uncertainty and unpredictability of decisions. The book attempts to
discuss these issues and sometimes point to potential solutions.
The table of contents can be
found here
More info here
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