Chinese contract law : : theory and practice / / by Mo Zhang.

• Author: Zhang, Mo, LL. M.
• Place / Publishing House: Leiden ;, Boston : : Martinus Nijhoff Publishers.; c2006.
• Year of Publication: 2006
• Language: English
• Series: Nijhoff eBook titles 2006
• Physical Description: 1 online resource (388 p.)
• Notes: Description based upon print version of record.

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.

Table of Contents

Preliminary Material -- Introduction -- Chapter I. Contract Law in Chinese Tradition -- Chapter II. Freedom of Contract in Chinese Concept -- Chapter III. Enforceability of Contracts -- Chapter IV. Formation of Contracts -- Chapter V. Terms of Contracts -- Chapter VI. Defenses to Formation of Contracts - Validity Issues -- Chapter VII. Performance of Contracts -- Chapter VIII. Modification of Contracts and Assignment -- Chapter IX. Dissolution and Termination of Contracts -- Chapter X. Breach of Contracts and Remedies -- Chapter XI. Third Parties -- Chapter XII. International Contracts -- Index.