Chinese Contract Law: Theory and Practice
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.
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Chapter I Contract Law in Chinese Tradition
Chapter II Freedom of Contract in Chinese Concept
Chapter III Enforceability of Contracts
Chapter IV Formation of Contracts
Chapter V Terms of Contracts
Chapter VI Defenses to Formation of Contracts Validity Issues
Chapter VII Performance of Contracts
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1986 Civil Code acceptance According to Article administrative aggrieved party agreed agreement anticipatory repudiation apply arbitration argued assignment assignor Beijing breach of contract choice of law civil law claim clause concerning Constitution continuing performance contract interpretation contractual obligations contractual rights creditor right damages debts deemed defendant’s delegation deposit determined dispute dissolution draft Economic Contract Law effect foreign freedom of contract High People’s Court intent interest issue Law of China Law Press legal person legislation Li Qian limited Luo Yang means Nan Province notice obligatio obligee obligee’s obligor offer offeror party in breach party’s payment People’s Congress People’s Republic perform the contract plaintiff principle purpose reason regard Republic of China rights and obligations rule scholars Sina.com socialist market economy standard terms subrogation supra note Supreme People’s Court third party tion tract transfer trial court valid violation void Wang Liming Yuan