Comparative Analysis On The Chinese Contract Law

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.

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

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.

This article discusses selected aspects of Chinese contract law and compares Chinese contract law to related concepts in the U.S. legal system. As recognized by the author and discussed further at the end of the article, any comparative analysis of the law as written is fraught with potential superficiality and misperception. Such problems notwithstanding, this is not a study of the law as applied because there are few reported cases that have been decided under the new law. Still, several cases decided both before and after the adoption of the UCL are used for illustration. Also, the law as written may not be the law as observed in its daily application to commerce and consumers. Custom and culture often play an overriding role in the actual observance and enforcement of the law. Despite these limitations, important insights may be gleaned from a comparative contract law perspective. Indeed, knowledge of the law as written and its variation from the common law "norm" is an essential starting point for Western businesses in contracting with and investing in China and Chinese businesses. Part I of this article briefly discusses the evolution of Chinese contract law and its apparent convergence in many respects with U.S. common law and international conventions. Part II addresses specific, selected aspects of comparison between Chinese and U.S. contract law. Part III identifies some limitations of the analysis based on cultural and developmental distinctions between China and Western societies and contract law systems.

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.

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.

Preliminary Material -- Contracts in the Anglo-American Tradition -- Contracts and Planning in China, 1949-1963 An Overview -- Contract Law in China: A Comparative Analysis -- Contracts in Chinese Agriculture A Case Study of Contracts in Practice, 1949-1963 -- Contracts in America in Perspective -- The Meaning of Contracts: The Question Posed -- Notes -- Bibliography -- Glossary -- Index -- Harvard East Asian Monographs.