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A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
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.
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people’s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and performance under the Chinese contract law and doctrines underlying the law. The focus is upon issue-oriented discussions from which different solutions may be drawn based on the nature of particular fact patterns. In addition, for research purposes, an analytical comparison is employed with regard to the laws that govern contracts to help illustrate how Chinese law is distinctive. In short, the book 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 the area of contracts.
A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.
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.
This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.
Providing 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.