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Author: Mo Zhang Publisher: BRILL ISBN: 9004150412 Category : Law Languages : en Pages : 389
Book Description
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: Mo Zhang Publisher: BRILL ISBN: 9004414789 Category : Law Languages : en Pages : 495
Book Description
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.
Author: Mo Zhang Publisher: BRILL ISBN: 9047417976 Category : Law Languages : en Pages : 388
Book Description
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.
Author: Mo Zhang Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Amazingly, almost all Fortune 500 companies have a business presence in China. This phenomenon indisputably demonstrates that China has now become the center of global attention. Yet many foreign businessmen and lawyers still feel discomfort about Chinese law and the legal system that they will encounter in their business dealings with China. Issues that must be dealt with for foreign parties doing business in China include, among others, whether China has a sound legal system, whether private interests will be protected effectively under the socialist system of China, and whether a contract will be honored and enforced in China. Additional questions arise: How are contracts treated and handled differently from what we do at home? How is the doctrine of freedom of contract being accepted in China? What contract theories are there in China? How do we make a contract with Chinese counterparts? Could the law of our country be applied to a contract involving China? What remedies will be available in case of breach of contract? How will a judgment or arbitral award be enforced in China? The book offers a comprehensive analysis on Chinese Contract Law both in theory and in practice. It discusses the issues surrounding the process of contract formation, performance and remedies for breach, and addresses the doctrines underlying the law of contract. The issue-oriented format and comparative mechanism employed in the book are intended to provide an inside view of Chinese Contract Law and its application in the people's courts. Efforts are made to discuss different solutions to the above issues based on the nature of particular fact patterns. The purpose of the book is to help "catch the cubs by boldly entering into the lair of tiger". The book begins with a review of the legislative history of contract law in China, and then moves onto an analysis of the Chinese nature of contracts. With a focus on the 1999 Contract Law of China, the book covers such subjects as formation of contracts, defenses to the formation of contracts, performance of contracts, assignment, breach and remedies, as well as third parties. The last chapter of the book has a special concentration on international contracts.
Author: Jacques H. Herbots Publisher: Die Keure Publishing ISBN: 9048632730 Category : Law Languages : en Pages : 295
Book Description
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.
Author: Mo Zhang
Author: Mo Zhang
Author: Larry A. DiMatteo
Author: Mo Zhang
Author: Mimi Zou
Author: Immanuel Gebhardt
Author: Mo Zhang
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Author: Mimi Zou
Author: Jacques H. Herbots
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