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Modern European and Chinese Contract Law - A Comparative Study of Party Autonomy (Hardcover)
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Modern European and Chinese Contract Law - A Comparative Study of Party Autonomy (Hardcover)
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Total price: R3,269
Discovery Miles: 32 690
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In modern contract law, party autonomy as expressed in the idea of
the freedom of contract is a fundamental principle that people have
struggled for centuries to realize. Both China and Europe exhibit
this tendency, although in distinct ways that are deeply rooted in
the two regions' historical and cultural backgrounds. In Europe,
freedom of contract is limited by principles of good faith, fair
dealing, social justice, and fundamental rights. In China, the
traditional notion of contract 'voluntariness' is understood
broadly to include collective interests and interests of the state
- restrictions that can appear to undermine the very notion of
'freedom of contract'. But the situation is far from that simple,
as this unique book superbly demonstrates. 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. Beyond its
obvious value for scholars and policymakers as a matchless
comparative study in contract law, those seeking meaningful
dialogue on such fundamental matters as, promoting welfare,
remedying market failures, serving state interests, protecting the
weaker party - generally, establishing an area of freedom, security
and justice in which persons, goods, capital and services can move
freely - will find here an extremely valuable set of fresh
perspectives. It also serves as a foundation for future research
and elaboration in the ongoing debate in both the EU and China on
improving contract law.
General
Imprint: |
Kluwer Law International
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Country of origin: |
Netherlands |
Release date: |
2011 |
First published: |
April 2011 |
Authors: |
Junwei Fu
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Dimensions: |
166 x 242 x 18mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
216 |
ISBN-13: |
978-90-411-3459-2 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
General
|
LSN: |
90-411-3459-X |
Barcode: |
9789041134592 |
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