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Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Published: 2017-10-26
Total Pages: 545
ISBN-13: 1107176328
DOWNLOAD EBOOKA unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Junwei Fu
Publisher: Kluwer Law International B.V.
Published: 2011-01-01
Total Pages: 218
ISBN-13: 904113459X
DOWNLOAD EBOOKThis 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: Madeleine Zelin
Publisher: Stanford University Press
Published: 2004-02-18
Total Pages: 408
ISBN-13: 0804766940
DOWNLOAD EBOOKProviding a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
Author: Mo Zhang
Publisher: BRILL
Published: 2006
Total Pages: 389
ISBN-13: 9004150412
DOWNLOAD EBOOKThis 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: Larry A. DiMatteo
Publisher: Cambridge University Press
Published: 2017-10-26
Total Pages: 545
ISBN-13: 1316819507
DOWNLOAD EBOOKThis book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.
Author: Jiangqiu Ge
Publisher: Springer
Published: 2019-02-07
Total Pages: 334
ISBN-13: 9811329893
DOWNLOAD EBOOKThis 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: Hein Kötz
Publisher: Oxford University Press
Published: 2017
Total Pages: 401
ISBN-13: 0198800045
DOWNLOAD EBOOKThis edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Author: Faye Fangfei Wang
Publisher: Routledge
Published: 2010-01-21
Total Pages: 289
ISBN-13: 1135272395
DOWNLOAD EBOOKCompares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.
Author: Salvatore Mancuso
Publisher: Springer Nature
Published: 2022-08-09
Total Pages: 444
ISBN-13: 3031008448
DOWNLOAD EBOOKThis book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
Author: Hao Jiang
Publisher: Edward Elgar Publishing
Published: 2024-09-06
Total Pages: 209
ISBN-13: 1035317427
DOWNLOAD EBOOKThis book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region’s rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region.
