This work offers a contextual comparative analysis of commercial contracts from their origin until the present time. It studies their positive and living law in countries and regions representative of major legal systems and business cultures: Classical Rome, Medieval Europe and the Middle East, Codification Europe (especially France and Germany), Post-Colonial Latin America, the Soviet Union, the Peoples’ Republic of China, England (eighteenth and nineteenth centuries), and Post-Colonial United States. It identifies contractual concepts, principles, rules, doctrines, methods of reasoning and commercial practices that have contributed most to mankind’s economic development. Finally, it explains how certain selfish and altruistic components of standard and fiduciary commercial and financial practices combine to cause the necessary trust and cooperation that makes possible both economic growth and legal institutional longevity.


Imprint: West Academic Publishing
Series: Hornbooks
Publication Date: 12/05/2018
Related Subject(s): Comparative Law, International-Sales

Boris Kozolchyk, University of Arizona College of Law

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Book Reviews from First Edition:

“Kozolchyk presents multiple sharp and distinct images of reality, analyzing in remarkable detail the various contexts in which different commercial law regimes have arisen, explaining the underlying material contexts and mentalities upon which different legal regimes have stood. Indeed, [the book’s] various parts and even individual chapters could, with only modest expansion, serve as coherent books themselves. But [the book] is more than that: It can be read as one sustained argument, integrating its parts into a greater whole that places all the details the fox sees in a central truth grasped by the hedgehog.”
—Antonio F. Perez, The Hegehog, The Fox, and Kozolchyk: The Practical and Philosophical Foundations of Best Practices in Legal Harmonization for Economic Development, 34 ARIZ. J. INT’L & COMP. L. 65 (2017)

“In Comparative Commercial Contracts: Law, Culture and Economic Development (West Academic Publishing, 2014), Professor Boris Kozolchyk has managed to compose an incredibly broad and wide-ranging book that offers an experience beyond the usual type of information found within traditional commercial law books. Professor Kozolchyk integrates a host of ideas and perspectives into this rather weighty and superbly researched textbook to create a true tome of information for the academic, the student, and the practitioner alike, serving each of their unique needs and interests at the same time.”
—Leonard Hammer, Comparative Commercial Contracts: Law, Culture, and Economic Development 20 J. INT’L ECON. L. 735 (2016)

“Professor Boris Kozolchyk’s capstone book, Comparative Commercial Contracts: Law, Culture and Economic Development, is a masterpiece that explores the development of commercial contract law by a contextual legal anthropology approach. . . . This book is a milestone in the research of comparative contract law both for its immense geographic and chronological coverage and profound theoretical and empirical analysis.”
—Jie Huang, Comparative Commercial Contracts: Law, Culture and Economic Development, 65 INT’L & COMP. L.Q. 768 (2016)

“After years of arduous research and experience in the practice and teaching of law, Dr. Boris Kozolchyk has published Comparative Commercial Contracts: Law, Culture and Economic Development, where he offers us an integral analysis of commercial contracts in different eras and under the different legal and economic systems of the most significant historical periods of Commercial Law. With the excellent quality and methodology that characterizes his work, Professor Kozolchyk carries out a meticulous historical, legal, social and cultural journey of commercial contracts from their origin to the present, with special reference to the commercial principles and practices that have contributed to the development of international commercial law. . . . This extraordinary publication is nourished by more than 40 years of experience of the author on issues related to international trade, who is widely known for his excellent works and his contribution to international commercial law.”
—Mariliana Rico Carrillo, Comparative Commercial Contracts: Law, Culture and Economic Development, LA LEY MERCANTIL, April 2015, at 48 (book review, translated from Spanish)

“[The book] is a seasoned lawyer’s work, reflecting decades of experience in its subject matter. . . . Prof. Kozolchyk is not simply a professor at a leading American law school; rather, he is an intellectual of the global traditions of the rule of law, a scholar of their dynamics, and a law reformer unconstrained by ephemeral boundaries of nation states and cultural norms.”
Patrick Del Duca, Why We Read THE INTERNATIONAL LAWYER – Answers Parsed from Works of Two International Lawyers, 50(1) INT’L LAW. 87 (2017)