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Details
Contracts for the International Sale of Goods in China focuses on China’s contract and sales law which is important both to the successful conduct of international trade by China based corporate entities and those who trade with them.
Contracts for the International Sale of Goods in China is concerned primarily with one particularly important example of an international convention to which it has acceded to, the United Nations Convention On Contracts For The International Sale Of Goods (1980) (‘The CISG’) and its application within the country.
Its main objective is to identify what barriers that the application of the CISG has faced and continues to face in China. The research and analysis touches upon political, economic cultural and linguistic barriers, but the particular focus of the book is on legal barriers.
Key Benefits:
- Understand the legal framework governing contracts for the international sale of goods in China
- Understand the relationships between the PRC Contract Law, the United Nations Convention on Contracts for the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (UPICC)
- Understand how the Chinese internal law reconciled and harmonized with international uniform law and principles
- Understand how international rules of law on contracts for international sales as reflected in the CISG and the UPICC are applied and interpreted in China
- Understand the barriers arise from traditional understandings of contract law in the PRC and the attitudes of the PRC jurists and legal practitioners towards international uniform sales law instruments
- Predict further development in the relevant areas of Chinese law and practice
Key Features:
- The first book that has examined the Chinese law on contracts for the international sales of goods;
- The first book that has discussed the barriers to the application of the CISG in China;
- The first book that has proposed further development in the relevant areas of law in China;
- A book that has discussed the relevant areas of Chinese law with both theoretical depth and practical details;
- A book that has examined a substantial number of People’s Court cases and arbitral awards decided on the relevant areas of Chinese and international law on contracts for the international sales of goods;
- An excellent comparative study of Chinese and international commercial law and practice.
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- INTRODUCTION
- CHAPTER ONE: BARRIERS TO THE ADOPTION OF THE CISG
- CHAPTER TWO: BARRIERS TO THE APPLICATION OF THE CISG AFTER 1999
- CHAPTER THREE: THE HARMONISATION
- CHAPTER FOUR: THE ISSUE OF INTEREST
- CHAPTER FIVE: THE APPLICATION OF THE CISG IN HONG KONG, MACAO AND TAIWAN
- ABSTRACTS OF PRC CASES ON THE CISG
- APPENDICES
- BIBLIOGRAPHY
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Fan Yang, Assistant Professor, School of Law, City University of Hong Kong
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- "A book that analyses the relationship between the CISG and current PRC law and practice is long overdue. I congratulate Fan Yang on taking up this challenging and important task. Her book will meet the needs of not only legal practitioners, but also academics and students."
-- Jingzhou Tao, Partner, Dechert LLP Beijing
- "The CISG no doubt plays a very important role in contracts between Chinese and foreign parties. From my experience with CIETAC as an insider of the leading Chinese arbitral institution in the early days, in private practice as counsel and sitting as arbitrator, I find a deep and proper understanding of the CISG is crucial in many cases. I congratulate Fan Yang on her excellent book on this important subject. Her book will certainly be of great interest and help to practitioners that are involved in commercial transactions and disputes relating to China."
--Jia (Jessica) Fei, Partner, Herbert Smith LLP Beijing
- "This very informative book examines the PRC's adoption of the CISG and the influence of the CISG on the PRC's subsequent legislation of contract law. It further gives in-depth analyses about barriers existing in the application of the CISG in the PRC and offers suggestions to remove such barriers. I believe this book is of great value to the academia, legal practitioners and the legislators."
-- Cao Lijun, Partner, Zhonglun Law Firm, Beijing
