Modern European And Chinese Contract Law

Author : Junwei Fu
Publisher : Kluwer Law International B.V.
Page : 218 pages
File Size : 48,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134592

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Modern European and Chinese Contract Law by Junwei Fu Pdf

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 : Jacques H. Herbots
Publisher : Die Keure Publishing
Page : 252 pages
File Size : 43,9 Mb
Release : 2018-03-12
Category : Law
ISBN : 9789048632732

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Contracts in the People’s Republic of China by Jacques H. Herbots Pdf

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 : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 40,8 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Mo Zhang
Publisher : BRILL
Page : 495 pages
File Size : 42,6 Mb
Release : 2019-12-16
Category : Law
ISBN : 9789004414785

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Chinese Contract Law - Theory & Practice, Second Edition by Mo Zhang Pdf

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 : Immanuel Gebhardt,Yuqing Zhang,Rainer Schröder
Publisher : Unknown
Page : 462 pages
File Size : 52,6 Mb
Release : 2003
Category : Contracts
ISBN : STANFORD:36105063693035

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Comparative Analysis on the Chinese Contract Law by Immanuel Gebhardt,Yuqing Zhang,Rainer Schröder Pdf

Author : Jiayong Zhang
Publisher : Springer Nature
Page : 564 pages
File Size : 52,8 Mb
Release : 2023-02-17
Category : Law
ISBN : 9789811991073

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Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law by Jiayong Zhang Pdf

Author : Jacques Herbots
Publisher : Unknown
Page : 240 pages
File Size : 51,5 Mb
Release : 2018
Category : Electronic
ISBN : 2874034967

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Contracts in the People's Republic of China by Jacques Herbots Pdf

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.00Without 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.

Author : Teemu Ruskola
Publisher : Harvard University Press
Page : 358 pages
File Size : 51,6 Mb
Release : 2013-06-03
Category : Law
ISBN : 9780674075788

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Legal Orientalism by Teemu Ruskola Pdf

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Author : Mo Zhang
Publisher : BRILL
Page : 400 pages
File Size : 48,5 Mb
Release : 2006
Category : Law
ISBN : UCSD:31822035228832

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Chinese Contract Law by Mo Zhang Pdf

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIV (2004) is organised in three main sections. The first contains doctrinal contributions including articles on the UN Charter reform; corporations as international actors; human genetics and reproductive technology; and on the ICJ Advisory Opinion on the construction of a wall in the Occupied Palestinian Territory. This section includes also notes on the seminal judgment of the Italian Supreme Court in theFerrini case, setting aside immunity of a foreign State in respect of reparation claims by victims of gross violations of human rights, and on the decision of the Special Court of Sierra Leone in the Charles Taylor case, as well as surveys on the activity of selected international institutions and tribunals (World Trade Organization, Law of the Sea Tribunal, and European Court of Human Rights). The second section covers the Italian practice in the areas of 1) judicial decisions; 2) diplomatic and parliamentary practice; 3) treaty practice; and 4) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Author : Hein Kötz
Publisher : Oxford University Press
Page : 401 pages
File Size : 48,8 Mb
Release : 2017
Category : Law
ISBN : 9780198800040

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European Contract Law by Hein Kötz Pdf

This 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 : Jiangqiu Ge
Publisher : Springer
Page : 325 pages
File Size : 49,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9789811329890

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A Comparative Analysis of Policing Consumer Contracts in China and the EU by Jiangqiu Ge Pdf

This 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 : Professor Fabrizio Cafaggi,Professor Giuseppe Vettori,Professor Stefan Grundmann
Publisher : Ashgate Publishing, Ltd.
Page : 424 pages
File Size : 48,5 Mb
Release : 2013-12-28
Category : Law
ISBN : 9781472421265

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The Organizational Contract by Professor Fabrizio Cafaggi,Professor Giuseppe Vettori,Professor Stefan Grundmann Pdf

This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

Author : Bing Ling
Publisher : Unknown
Page : 636 pages
File Size : 40,8 Mb
Release : 2002
Category : Contracts
ISBN : STANFORD:36105060995045

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Contract Law in China by Bing Ling Pdf

Author : Salvatore Mancuso,Mauro Bussani
Publisher : Springer Nature
Page : 444 pages
File Size : 42,7 Mb
Release : 2022-08-09
Category : Law
ISBN : 9783031008443

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The Principles of BRICS Contract Law by Salvatore Mancuso,Mauro Bussani Pdf

This 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 : Victoria Tin-bor Hui
Publisher : Cambridge University Press
Page : 310 pages
File Size : 44,8 Mb
Release : 2005-07-04
Category : Political Science
ISBN : 0521525764

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War and State Formation in Ancient China and Early Modern Europe by Victoria Tin-bor Hui Pdf

There is a common belief that the system of sovereign territorial states and the roots of liberal democracy are unique to European civilization and alien to non-Western cultures. The view has generated popular cynicism about democracy promotion in general and China's prospect for democratization in particular. This book demonstrates that China in the Spring and Autumn and Warring States periods (656-221 BC) consisted of a system of sovereign territorial states similar to Europe in the early modern period. It examines why China and Europe shared similar processes but experienced opposite outcomes.