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China's Business Contracts

China's Business Contracts: Forms and Precedents

China's Business Contracts Forms and Precedents

Author: Zhu Yiping
Publisher: LexisNexis Hong Kong
ISBN: 9780409998764
Published In: December 1997
Format: Paperback , 312 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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An introduction and practical guide to commercial contracts in China, covering all the substantive basics – including formation of a contract, terms, modification, performance, discharge, breach and remedies – and offering guidance and precedents for a wide variety of practical purposes.

The law of contracts in China is unique. As most Chinese statutes on contract law are skeletal in nature, legal vacuums commonly exist. Although China has

recently adopted a number of foreign legal concepts in its legislation, such as the common law concept of consideration, these concepts usually bear a different meaning in China. The authors analyses court decisions and offers examples to illustrate how the Chinese courts have dealt with cases in given circumstances in order to highlight and explain the operation of the law.

This work offers practical examples in relation to various types of contracts. Guidelines for contract preparation and sample forms are also provided. Sample contracts include:

l Sales Contract

l Plant Export Contract

l Exclusive and Non-Exclusive Distributorship Contract

l Exclusive and Non-Exclusive Agency Contract

l Employment Contract

l Service Contract

l Secrecy Contract

l Insurance Contract

l Patent Licensing Contract

l Agreement for Trade Mark License and Technical Assistance

l Contract for the License of Technical Know-how

l Joint Venture Contract

l Letter of Intent

l Co-operative Venture Contract on Offshore Oil Exploration

l Trade Mark and Trade Name License Agreement

l Environmental Obligations Agreement

Zhu Yiping, Doctor of Business Administration, Jinan University; LLM, Southwest University of Politics and Law; Licensed Attorney of China; Lecturer, Jinan University; Chinese Tax Agent

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