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.
|Publisher:||Wolters Kluwer Law & Business|
|Product dimensions:||6.30(w) x 9.80(h) x 0.70(d)|
Table of Contents
About the Author List of Abbreviations Foreword Preface Introduction Chapter 1 A Brief History of Private Law in China and Europe Chapter 2 Fundamental Principles of Modern Contract Laws Chapter 3 Comparison of Several Doctrines Conclusion Bibliography Index