Modern European and Chinese Contract Law: A Comparative Study of Party Autonomy

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.

Author: Junwei Fu

Publisher: Kluwer Law International

Publication Date: Apr 21, 2011

Number of Pages: 216 pages

Binding: Hardback or Cased Book

ISBN-10: 904113459X

ISBN-13: 9789041134592