Chinese Contract Law: Theory and Practice

Front Cover
BRILL, 2006 - Law - 372 pages
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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Contents

Introduction
1
Chapter I Contract Law in Chinese Tradition
25
Chapter II Freedom of Contract in Chinese Concept
51
Chapter III Enforceability of Contracts
67
Chapter IV Formation of Contracts
91
Chapter V Terms of Contracts
121
Chapter VI Defenses to Formation of Contracts Validity Issues
147
Chapter VII Performance of Contracts
199
Chapter VIII Modification of Contracts and Assignment
231
Chapter IX Dissolution and Termination of Contracts
257
Chapter X Breach of Contracts and Remedies
289
Chapter XI Third Parties
315
Chapter XII International Contracts
327
Index
361
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About the author (2006)

Mo Zhang is an Associate Professor of Temple University Beasley School of Law and the Director of China Law Programs.

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