Modern European and Chinese Contract Law

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.