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.