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An Introduction to Chinese Contract Law

An Introduction to Chinese Contract Law

  • Author:
  • Publisher: LexisNexis Hong Kong_
  • ISBN: 9789888476466
  • Published In: August 2018
  • Format: Paperback , 209 pages
  • Jurisdiction: China ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
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    “Professor Mimi Zou’s new textbook on China’s current contract law and practice should prove to be a very valuable introduction to an extremely important topic for increasing numbers of lawyers and law students who appreciate the need to understand and deal with the legal system of the People’s Republic of China.”
    (Professor Jerome A. Cohen, Faculty Director of the U.S.-Asia Law Institute, New York University)

    Understanding the key concepts, rules, processes, and practice of Chinese contract law is essential to a wide range of business and commercial activities within and beyond the PRC. This book is an essential reference source for lawyers, law students, and business professionals from outside the People’s Republic of China (PRC) who are seeking to understand the foundational principles, institutions, rules, and practices of Chinese contract law.

    Written in a clear, concise, and accessible style, the book provides the most up-to-date and informative account of the general law of contract in the PRC, including the main legislative instruments and relevant judicial interpretations. The book covers most important aspects of the subject area, including general principles, formation, terms, precontractual liability, validity, performance, modification, transfer and assignment, termination, and remedies for breach.

    A unique feature of the book is its inclusion of 45 published cases in recent years (mostly from higher-level courts), which the author has carefully selected to illustrate the application of key principles and rules in a variety of disputes before the courts. Readers will gain a valuable insight into how Chinese contract law operates in context and in practice.

  • Chapter 1: Introduction and General Principles

    -        Brief Historical Overview

    -        Sources and Institutions

    -        Defining a Contract

    -        Fundamental Principles

     

    Chapter 2: Formation

    -        Offer

    -        Acceptance

    -        Conclusion and Formality

     

    Chapter 3: Validity of Contracts

    -        Contracts of Pending Validity

    -        Voidable Contracts

    -        Void Contracts

    -        Consequences of Invalid Contracts

     

    Chapter 4: Precontractual Liability

    -        Basic Concept and Rationale

    -        Scope of obligations

    -        Liability for Fault

    -        Compensation for Loss

     

    Chapter 5: Performance

    -        Interpretation of Contract Terms

    -        Full Performance

    -        Good Faith Performance

    -        Performance and Third Parties

    -        Defences for Withholding Performance

    -        Protection of Contractual Rights

     

    Chapter 6: Modification and Transfer

    -        Modification of Contract

    -        Transfer and Assignment of Contract

     

    Chapter 7: Termination

    -        Dissolution by Agreement

    -        Force Majeure

    -        Anticipatory Repudiation

    -        Delayed Performance

    -        Fundamental Non-Performance

    -        Procedural Aspects and Effect of Termination

    -        Set-off, Escrow, Release of Obligations

     

    Chapter 8: Liability & Remedies for Breach

    -        Breach and Attribution of Liability

    -        Exemptions from Liability for Breach

    -        Remedies for Breach

    -        Availability of Damages

    -        Liquidated Damages

    -        Forfeiture of Deposit

    -        Election of Remedy

  • Dr Mimi Zou is the inaugural Fangda Career Development Fellow in Chinese Commercial Law at the University of Oxford. She obtained her Doctor of Philosophy in Law and Bachelor of Civil Law (Distinction) degrees from St John's College and Christ Church, Oxford. She has published extensively in various areas of Chinese commercial law and has taught at leading law schools in Greater China. Dr Zou has held visiting appointments at Columbia Law School, Sydney Law School, and Utrecht University School of Law. She has also worked in a number of top global law firms, international organisations, and financial institutions in Asia-Pacific and Europe for over 15 years.

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