Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
Page : 545 pages
File Size : 49,72 MB
Release : 2017-10-26
Category : Law
ISBN : 1107176328
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author : Immanuel Gebhardt
Publisher :
Page : 462 pages
File Size : 50,85 MB
Release : 2003
Category : Contracts
ISBN :
Author : James Gordley
Publisher : Cambridge University Press
Page : 735 pages
File Size : 28,30 MB
Release : 2021-01-28
Category : Law
ISBN : 1108835848
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author : Lei Chen
Publisher : Martinus Nijhoff Publishers
Page : 577 pages
File Size : 40,17 MB
Release : 2012-11-13
Category : Law
ISBN : 9004204873
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Author : Jiangqiu Ge
Publisher : Springer
Page : 334 pages
File Size : 21,9 MB
Release : 2019-02-07
Category : Law
ISBN : 9811329893
This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.
Author : Mo Zhang
Publisher : BRILL
Page : 389 pages
File Size : 36,33 MB
Release : 2006
Category : Law
ISBN : 9004150412
This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.
Author : Mindy Chen-Wishart
Publisher : Oxford University Press
Page : 531 pages
File Size : 11,52 MB
Release : 2016-02-12
Category : Law
ISBN : 0191074411
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author : Junwei Fu
Publisher : Kluwer Law International B.V.
Page : 218 pages
File Size : 36,73 MB
Release : 2011-04-20
Category : Law
ISBN : 9041139370
This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Author : Richard M. Pfeffer
Publisher : BRILL
Page : 168 pages
File Size : 47,65 MB
Release : 2020-03-17
Category : History
ISBN : 1684171849
A comparative study of business contracts and institutional developments during the early years of the People's Republic of China. Includes a case study of contracts in Chinese agriculture.
Author : Yuliya Chernykh
Publisher : International Litigation in Press
Page : 632 pages
File Size : 23,56 MB
Release : 2022
Category : Law
ISBN : 9789004414679
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--