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This 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.
This 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. Hao Jiang brings together expert contributors, both from within the region itself and outside of it, to conduct a systematic doctrinal analysis of the region's contract and sales law. Contributing authors assess legal transplants specifically tracing the influence of German civil law on China along with English common law and Portuguese civil law on Hong Kong and Macau. Chapters cover key doctrinal topics where the three laws converge and diverge including contract formation, pre-contractual liability, vitiating factors, good faith, change of circumstances, and remedies. Ultimately, the book highlights how a unified contract and sales law could facilitate cross-border transactions in the region, and lays the foundations for future empirical research on this subject. Providing a comparative study of Chinese, Hong Kong and Macau contract law through the lens of European law, Towards a Model Sales Law in the Greater Bay Area is an essential resource for scholars, students and practitioners of private, sales and contract law.
This accessible book offer a comprehensive and critical introduction to the law on business organizations in the People�s Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory develop
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
This important book illustrates the implications of preservation actions on intellectual property rights and data protection. These can include: Potential violation of data protection laws through the storage of personal data, and potential infringemen
China’s Greater Bay Area (GBA) – previously referred to as the Pearl River Delta – is one of the world’s largest mega-city regions and China’s foremost technological, economic, social and cultural node. Patchell integrates agglomeration concepts with the GBA’s distinctive features to explain the region’s rise, innovativeness, and resilience. He reveals how the GBA works as differentiated and interdependent systems, providing a window into the GBA and China, while also providing the basis for a comparative approach to mega-cities and mega-regions. Key topics discussed in the book include: The early development of the GBA, its mix of indigenous and exogenous investments and expertise and the forces that compelled its upgrading from process manufacturing The regional strengths in clusters, transportation networks and regional innovation system The role of multi-level governance in balancing national directives, municipal autonomy and regional complementarities Consequences of the GBA’s agglomeration for land allocation, planning, social structure and mobility, communities, sustainable development and resilience for the future Written in an accessible yet rigorous manner, this textbook is ideal for a course on this important region, for comparative courses on agglomeration and large-scale urban development and for people wanting a greater understanding of urban processes and China.
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.
'The rapid evolution of China from an "emerging" to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage.' - Antony Taubman, Director, IP Division, WTO