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An Introduction to Chinese Contract Law


ISBN13: 9789888476466
Published: September 2018
Publisher: LexisNexis Hong Kong
Country of Publication: Hong Kong
Format: Paperback
Price: £39.00



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Understanding the key concepts, rules, processes, and practice of Chinese contract law is essential to a wide range of business and commercial activities within and beyond the PRC. The broad aims of this book are to help students and practitioners from jurisdictions outside the PRC develop working knowledge of the general rights and obligations of parties to a contract governed by PRC law and understand the fundamental principles and rules in Chinese contract law for undertaking relevant and informed analysis of practical legal problems facing clients.

This book provides a concise, clear, and accessible introduction to this subject area. It covers important aspects of Chinese contract law in terms of general principles, contract formation, interpretation of contractual terms, pre-contractual liability, validity and effectiveness issues, performance, modification, transfer and assignment of contracts, and liability and remedies for breach.

The book offers students and practitioners the most up-to-date reference on the main legislative instruments and judicial interpretations that make up the general law of contract in the PRC. In addition, the author has carefully selected around 40 published cases in recent years, mainly from the Supreme People’s Court and higher-level people’s courts (including guiding cases and model/typical cases), to illustrate judicial application of key principles and rules of Chinese contract law in a variety of disputes.

Subjects:
Other Jurisdictions , China
Contents:
1. Some Introductory Matters
2. Jurisdiction of the Courts and Tribunals and Transfer of Proceedings
3. Pre-Commencement Considerations
4. Commencement of Proceedings
5. Service of Process and Acknowledgment of Service
6. Parties
7. Causes of Action, Joinder of Actions and Consolidation of Actions
8. Pleadings
9. Discovery
10. Case Management and Interlocutory Proceedings
11. Interlocutory or Interim Remedies
12. Disposal of Actions Without Trial
13. Settlement
14. Certain Aspects of Evidence
15. The Trial Process
16. Judgments and Orders
17. Personal Injury Actions and Other Particular Proceedings
18. Enforcement of Judgments
19. Costs
20. Appeals
21. Alternative Dispute Resolution