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Chinese Contract Law and the 2020 Civil Code

Chinese Contract Law and the 2020 Civil Code

Author: Mimi Zou
Publisher: LexisNexis Hong Kong
ISBN: 9789888683208
Published In: October 2020
Format: Paperback , 290 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

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Chinese Contract Law and the 2020 Civil Code is the first book to introduce the key provisions on contracts in the Civil Code to an English-speaking audience outside mainland China. It is written for legal practitioners, researchers, and students who are looking for a clear, succinct, and up-to-date practical guide to the principles of Chinese contract law.

The long-awaited promulgation of the Civil Code on 28 May 2020 is a historical milestone in the legal system of the People’s Republic of China (PRC). With 1,260 articles across 84 chapters and seven parts, the Civil Code is the first systematic compilation of various laws and regulations governing general principles and rules of civil law, property, contracts, personality rights, marriage and family, and inheritance. This book addresses the main aspects of a contract from its formation to remedies for breach. It points out the important differences between the contract provisions in the Civil Code and the 1999 Contract Law and discusses some of the ongoing academic and policy debates regarding these differences. Moreover, the book analyses a range of related judicial interpretations, guiding opinions, guiding cases, and model or typical cases to illustrate how Chinese courts have sought to resolve a range of contractual disputes in practice.

Ch 1 Introduction and General Principles
Ch 2 Formation of Contract
Ch 3 Validity of Contracts
Ch 4 Precontractual Liability
Ch 5 Performance of Contract
Ch 6 Modification and Transfer of Contract
Ch 7 Discharge and Termination of Contract
Ch 8 Liability and Remedies for Breach of Contract

Mimi Zou

"Dr Mimi Zou is the inaugural Fangda Career Development Fellow in Chinese Commercial Law at St Hugh's College, in association with the Oxford Law Faculty and the Oxford China Centre. It is the first ever post in Chinese law at the University of Oxford and Dr Zou has the role of developing the subject as a new field of study and research at Oxford. Dr Zou obtained her Doctor of Philosophy in Law and Bachelor of Civil Law degrees from St John's College and Christ Church, University of Oxford on a Commonwealth Scholarship and James Fairfax Oxford Australia Scholarship. Dr Zou also graduated with first class honours degrees in Law, Economics, and Social Sciences (University Medal) from the University of Sydney. She is a qualified solicitor in England and Wales and lawyer in New South Wales (Australia). Dr Zou has held full-time academic appointments and fellowships at Columbia Law School, The Chinese University of Hong Kong, and Utrecht University. At these institutions, she has taught Chinese Contract Law, China Practice, Chinese Employment Law, Legal System of the PRC at undergraduate and postgraduate levels. She has also been a visiting scholar at the Chinese Academy of Social Sciences, Tsinghua University, China University of Political Science and Law, Zhejiang University, and Southwest University of Political Science and Law. Dr Zou's research has won international awards and has been cited in an Australian appellate court and several parliamentary inquiries. Her research has been covered by international media outlets, including The New York Times, BBC, The Guardian, Reuters, China Daily, and South China Morning Post. Dr Zou has worked in corporate law at King & Wood Mallesons and Linklaters in Sydney, Hong Kong, and London, as well as in a number of international organizations, government departments, and financial institutions in Asia and Europe for over 15 years. In 2016, the Asia Society named Dr Zou as an ‘Asia 21 Young Leader', which recognizes the accomplishments of rising change-makers in the region. She was a finalist in the Young Australian of the Year Awards and the British Council's Education UK Alumni Awards."
“The international legal community has reason to be grateful to Dr. Zou for undertaking the challenging task of producing this book despite the considerable demands of her academic duties. I have great pleasure in commending the result.” - The Rt Hon Lord Phillips of Worth Matravers KG, Past (Inaugural) President of the Supreme Court of the United Kingdom (2009–2012)