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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: Guiguo Wang Publisher: Lexis Law Publishing (Va) ISBN: Category : Business & Economics Languages : en Pages : 674
Book Description
This is a casebook on Chinese business law. As there are no legal reports in China, the cases have been collected through the author's personal contacts with the Supreme Court of China and China International Economic and Trade Arbitration Commission. Therefore these cases are unique in that they have been translated into English from Chinese and will be an important source for ascertaining this area of Chinese law.
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: Junwei Fu Publisher: Kluwer Law International B.V. ISBN: 904113459X Category : Law Languages : en Pages : 218
Book Description
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: Harvard Univ Asia Center ISBN: 9780674920958 Category : Business & Economics Languages : en Pages : 180
Book Description
Preliminary Material -- Contracts in the Anglo-American Tradition -- Contracts and Planning in China, 1949-1963 An Overview -- Contract Law in China: A Comparative Analysis -- Contracts in Chinese Agriculture A Case Study of Contracts in Practice, 1949-1963 -- Contracts in America in Perspective -- The Meaning of Contracts: The Question Posed -- Notes -- Bibliography -- Glossary -- Index -- Harvard East Asian Monographs.