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| Author | : Mo Zhang |
| Publisher | : BRILL |
| Total Pages | : 495 |
| Release | : 2019-12-16 |
| Genre | : Law |
| ISBN | : 9004414789 |
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
| Author | : Mo Zhang |
| Publisher | : BRILL |
| Total Pages | : 388 |
| Release | : 2006-02-01 |
| Genre | : Law |
| ISBN | : 9047417976 |
This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people’s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and performance under the Chinese contract law and doctrines underlying the law. The focus is upon issue-oriented discussions from which different solutions may be drawn based on the nature of particular fact patterns. In addition, for research purposes, an analytical comparison is employed with regard to the laws that govern contracts to help illustrate how Chinese law is distinctive. In short, the book presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in the area of contracts.
| Author | : Mo Zhang |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
Amazingly, almost all Fortune 500 companies have a business presence in China. This phenomenon indisputably demonstrates that China has now become the center of global attention. Yet many foreign businessmen and lawyers still feel discomfort about Chinese law and the legal system that they will encounter in their business dealings with China. Issues that must be dealt with for foreign parties doing business in China include, among others, whether China has a sound legal system, whether private interests will be protected effectively under the socialist system of China, and whether a contract will be honored and enforced in China. Additional questions arise: How are contracts treated and handled differently from what we do at home? How is the doctrine of freedom of contract being accepted in China? What contract theories are there in China? How do we make a contract with Chinese counterparts? Could the law of our country be applied to a contract involving China? What remedies will be available in case of breach of contract? How will a judgment or arbitral award be enforced in China? The book offers a comprehensive analysis on Chinese Contract Law both in theory and in practice. It discusses the issues surrounding the process of contract formation, performance and remedies for breach, and addresses the doctrines underlying the law of contract. The issue-oriented format and comparative mechanism employed in the book are intended to provide an inside view of Chinese Contract Law and its application in the people's courts. Efforts are made to discuss different solutions to the above issues based on the nature of particular fact patterns. The purpose of the book is to help "catch the cubs by boldly entering into the lair of tiger". The book begins with a review of the legislative history of contract law in China, and then moves onto an analysis of the Chinese nature of contracts. With a focus on the 1999 Contract Law of China, the book covers such subjects as formation of contracts, defenses to the formation of contracts, performance of contracts, assignment, breach and remedies, as well as third parties. The last chapter of the book has a special concentration on international contracts.
| Author | : J. M. Smits |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 1025 |
| Release | : 2012-01-01 |
| Genre | : Law |
| ISBN | : 1781006105 |
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
| Author | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 545 |
| Release | : 2017-10-26 |
| Genre | : Law |
| ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
| Author | : Hao Jiang |
| Publisher | : Cambridge University Press |
| Total Pages | : 349 |
| Release | : 2023-09-30 |
| Genre | : Law |
| ISBN | : 1009336649 |
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
| Author | : Minkang Gu |
| Publisher | : Hong Kong University Press |
| Total Pages | : 407 |
| Release | : 2010-07-01 |
| Genre | : Law |
| ISBN | : 9888028626 |
In China, the thirty-year economic reform reflects the process of moving from planned economy towards market economy. This could be seen From the changes in the 2005 Company Law, which recognizes the owners' property rights and gives more freedoms to them to decide various matters. In this new edition, besides offering a systemic the constitution of companies, the establishment of various companies, role and function of various parties in corporate governance, and corporate financing, Gu Minkang highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders' derivative action, American limited liability company, and asset restructuring of listed companies. Another important feature is a comparison between the 1993 Company Law and the 2005 Company Law that will facilitate reading and understanding. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.
| Author | : Bing Ling |
| Publisher | : |
| Total Pages | : 636 |
| Release | : 2002 |
| Genre | : Contracts |
| ISBN | : |
| Author | : Maja Blumer |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : |
| ISBN | : 9783906107196 |
| Author | : Vicente, Dário M. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 496 |
| Release | : 2021-12-09 |
| Genre | : Law |
| ISBN | : 1789905818 |
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
