Modern European and Chinese contract law

a comparative study of party autonomy by Junwei Fu

Publisher: Kluwer Law International, Publisher: Sold and distributed in North, Central, and South America by Aspen Publishers in Alphen aan den Rijn, The Netherlands, Frederick, MD

Written in English
Published: Pages: 190 Downloads: 999
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Subjects:

  • Contracts,
  • Liberty of contract

Edition Notes

Includes bibliographical references (p. 175-184) and index.

StatementJunwei Fu
Classifications
LC ClassificationsKNQ858.3 .F8 2011
The Physical Object
Paginationxxiii, 190 p. ;
Number of Pages190
ID Numbers
Open LibraryOL24865759M
ISBN 109789041134592
LC Control Number2011411297

  Second, the contract must be enforceable in China. As a practical matter, no Chinese court will enforce a foreign judgment and it can be quite difficult to get them to enforce a foreign arbitration award. A contract enforceable in China must meet the following basic standards: 1. The contract is governed by Chinese law. Under Chinese law, it is. The Contract Law unifies and improves upon China's three previous contract laws, namely, the Economic Contract Law, the Foreign [page 2] Economic Contract Law, and the Technology Contract Law. By superceding the previous contract laws, [9] the Contract Law seeks to establish a more advanced, systematic, and comprehensive contract law to better. 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 authorized the extraterritorial application of American law . “Chinese Anti-Monopoly Law (AML) is now one of the most important antitrust regimes in the world, and this book provides the first comprehensive analysis of the AML. It describes not only the substantive and procedural provisions of the law, but also compares the AML with other antitrust regimes, and describes relevant cases since its.

  CONTRACT AND PROPERTY IN EARLY MODERN CHINA, Law and Custom Did Not Merge into Civil Law Under the Qing,” Late Imperial China 1 [] pp. ) that in the European civil law tradition, practice became legal custom when it was a rule binding in the community, where it was explicitly cited and enforced by official courts in their. Contract Law of the People's Republic of China Chapter 1 - General Provisions Article 4. The parties shall have the rights to be voluntary to enter into a contract in accordance with the law. No unit or individual may illegally interfere. Article 6. A contract is a legally binding agreement that recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. He is also the co-author, with Zweigert, of An Introduction to Comparative Law, which has been translated into several languages including Italian, Chinese, Japanese, and Russian. The book is wide in scope, examining contract law in several European countries and .

Case-Law: Civil Lawyers look to the code and commentaries more than cases, and the doctrine of stare decisis (case-law precedent) does not per se apply; 3) Legal Education System: Civil Law is an undergraduate discipline that has a very different format from U.S. post-graduate legal education or U.K.-style undergraduate programs; and 4) LegalFile Size: KB. Pratt’s Government Contracting Law Report, written by the nation’s leading government contracting attorneys and professionals, is a new monthly subscription journal focused on statutory and regulatory developments, case law, dispute resolution, and industry developments relating to federal government contracting law.   The Modern Law of Contract is a clear and logical introductory textbook, written by a leading author and lecturer with over thirty years teaching and examining experience.. Offering a carefully tailored overview of all key topics for LLB and GDL courses, this tenth edition has been thoroughly updated and presents learning features that will help students to/5(9). Pages Choice of Law Podcast; Pages Drafting a Contract: The Sale of Goods; Pages Drafting Contracts Using 'Shall', 'May', and 'Must' Pages Drafting Contracts Using 'And' and 'Or' Pages Overview and Sources of Contract Law; Pages Lack of Capacity; Pages CISG Basics: Formation; Pages CISG Basics.

Modern European and Chinese contract law by Junwei Fu Download PDF EPUB FB2

In modern contract law, party autonomy as expressed in the idea of the freedom of contract is a fundamental principle that people have struggled for centuries to realize. Both China and Europe exhibit this tendency, although in distinct ways that are deeply rooted in the two regions' historical and cultural by: 2.

Get this from a library. Modern European and Chinese contract law: a comparative study of party autonomy. [Junwei Fu] -- "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. This book is an attempt to draw such an outline of the principles of the law of Contract as may be useful to students, and, perhaps, convenient to those who are engaged in the teaching of law.

Author tried to show how a contract is made, what is needed to make it binding, what its effect is, how its terms are interpreted, and how it is. These statements are technically true in that Chinese civil law drafters are big believers in party autonomy and the laws allow business people to make whatever decision they want in these areas.

However, in the practical world of litigation, these two simple decisions usually render a written contract unenforceable. Buy The Modern Law of Contract 1 by Stone, Richard (ISBN: ) from Amazon's Book Store.

Everyday low prices and free delivery on eligible orders.5/5(7). The Modern Law of Contracts includes introductions that quickly orient students to unfamiliar territories in contract law.

This casebook also: Includes cases that present both the doctrine applied and, in some instances, the shortcomings of that doctrine Presents the authors’ disagreement about basic issues so that students can experience the range of possibilities in /5(7).

Like this book. You can publish your book online for free in a few minutes. European Review of Contract Law (ERCL) Eur Rev Contract Law ISSN (printed): ISSN (electronic): The concept of a European Contract Law is new.

The term was first conceived in the s, little more than a decade ago. CHINESE CONTRACT LAW give a short description of the structure of China's former contract laws. Part III will briefly introduce the general setting of the CLC, and in greater detail compare the CLC's provisions concerning sales contracts to the CISG and the U.C.C.

DEVELOPMENT OF CONTRACT LAW IN THE PEOPLE'S REPUBLIC OF CHINACited by: 1. After the initial euphoria caused by a first Communication on European Contract Law published inin which the European Commission (though without using the term "Code") expressly mentioned the adoption of a "new comprehensive legislation at EC level" -- either in the form of a binding or of a merely optional instrument -- as one of the.

'Professor Kadner Graziano's book on comparative contract law is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. His cases highlight the expected and sometimes less expected differences and similarities between the key jurisdictions in Europe and allow the reader to gain a concrete Format: Hardcover.

Modern European and Chinese contract law: A comparative study of party autonomy () Pagina-navigatie: Main; Save publication. Save as MODS; Export to Mendeley; Save as EndNote; Export to RefWorks; Title: Modern European and Chinese contract law: A comparative study of party autonomy: Author: Fu, J.

Publisher: Justice Needs in Civil Law (TISCO). Six of the best law books. Much of this lively and highly readable book is devoted to exploring the myriad ways in which the legal system has let down women. The Principles of European Contract Law Parts I and II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies.

The articles previously published in Part I () are included in a revised and re-ordered form. LAW BW Chinese Contract Law. It is a compulsory five-credit course in the Master of Laws in Chinese Business Law (LLM (Chinese Business Law)) programme. It gives you a thorough overview of the principles and practices of Chinese contract law, as well as its implications in File Size: 2MB.

"Chinese Contract Law" is one of the free open textbooks in business discipline for Tertiary level. Feel free to use, adapt and modify the content to your own needs, and share the improved content with others because the book is offered under Creative Commons (CC) license.

It allows users to repurpose the materials under the condition that original authors’ contribution. 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. At St. Johns, he teaches World and East Asian History as well as Modern Chinese History, Literature and Film.

A member of editorial boards for varied scholarly journals, he has authored monographs published by Stanford University Press Jeffrey C.

Kinkley, Ph.D., is Professor of History at St. John’s University/5(2). Contract law is regarded as an independent branch of law in both the common law and continental law tradition. While the com-mon law tradition builds its contract law on the combined basis of case law precedent and statutes, the continental law tradition places contract law under the broader subject heading of civil and commer.

James Gordley specializes in comparative and contract law. He came to Tulane Law School in from the University of California, Berkeley, where he had been a law faculty member since He was a fellow at the Institute of Comparative Law at the University of Florence, an associate with the Boston firm of Foley Hoag & Eliot and an Ezra Ripley Thayer Fellow at.

The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general.

The topics are discussed by leading Chinese and. Last but not least, under Chinese law, in cer-tain situations the application of Chinese law is mandatory, e.g. for Chinese-Foreign Equity Joint Venture Enterprise Contract or a Chinese–Foreign Cooperative Joint Venture Contract, Chinese law applies4.

Fortunately, as mentioned before Chinese Law was in significant extent modeled after the CISG. Article The parties may, in accordance with the Guaranty Law of the People's Republic of China, agree that one party pays a deposit to the.

The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. A common example to elucidate upon this principle is found in the sale of property; the purchaser, in this example, must make an offer to purchase the underlying property.

British Yearbook of International Law. Capital Markets Law Journal The Chinese Journal of Comparative Law Chinese Journal of International Law Current Legal Problems.

European Journal of International Law. GRUR International. Human Rights Law Review. ICSID Review - Foreign Investment Law Journal Industrial Law Journal. Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network. Beale, Hugh, ‘ The development of European private law and the European Commission's action plan on contract law ’ () X Juridica International 4 – Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition Law (Cambridge, MA: Harvard University Press, ).

The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive /29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two.

"Kinkley illuminates Chinese conceptions of crime, law, and justice at both official and popular levels from pre-modern times through the s, comparing traditions of Chinese detective fiction with those of American and European authors. Economics of Contract Law Vol Number 2 & 3 (Spring-Summer ) Emerging Framework of Chinese Civil Law.

Spring Issue Vol Number 2 & 3 (Spring-Summer ) Emerging Framework of Chinese Civil Law. Summer Issue Vol Number 4 (Autumn ) Is the Jury Competent?.

(2) An offer may be made to one or more specific persons or to the public. (3) A proposal to supply goods or services at stated prices made by a professional supplier in a public advertisement or a catalogue, or by a display of goods, is presumed to be an offer to sell or supply at that price until the stock of goods, or the supplier's capacity to supply the service, is exhausted.The Contract Law of the People’s Republic of China (Contract Law) has been called the most important piece of legislation in China in Passed by the Chinese national legislative body (the National People’s Congress, “NPC”) on Mathe Contract Law took effect on October 1, The Principles of European Contract Law (PECL) is a set of model rules drawn up by leading contract law academics in attempts to elucidate basic rules of contract law and more generally the law of obligations which most legal systems of the member states of the European Union hold in common.

The Principles of European Contract Law are based on the concept of .