Towards a Model Sales Law in the Greater Bay Area : A Comparative Study of Contract Law in Mainland China, Hong Kong and Macau / edited by Hao Jiang.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Jiang, Hao, editor.

Series:

Asian commercial, financial and economic law and policy.

Asian Commercial, Financial and Economic Law and Policy Series

Language:

English

Subjects (All):

Contracts--China.

Contracts.

Physical Description:

1 online resource (208 pages)

Edition:

First edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing, [2024]

Summary:

"This book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region's rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region. Hao Jiang brings together expert contributors, both from within the region itself and outside of it, to conduct a systematic doctrinal analysis of the region's contract and sales law. Contributing authors assess legal transplants specifically tracing the influence of German civil law on China along with English common law and Portuguese civil law on Hong Kong and Macau. Chapters cover key doctrinal topics where the three laws converge and diverge including contract formation, pre-contractual liability, vitiating factors, good faith, change of circumstances, and remedies. Ultimately, the book highlights how a unified contract and sales law could facilitate cross-border transactions in the region, and lays the foundations for future empirical research on this subject. Providing a comparative study of Chinese, Hong Kong and Macau contract law through the lens of European law, Towards a Model Sales Law in the Greater Bay Area is an essential resource for scholars, students and practitioners of private, sales and contract law"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

1. A comparative study of contract law for the Greater Bay Area: an introduction

2. The elements of a contract

3. Contract formation

4. Regulating pre-contractual liability: a general liability basis or piecemeal solutions?

5. Mistake and fairness: divergence of doctrines and room for harmonization

6. The duty to perform a contract in good faith: two opposing views and an alternative

7. Methods of contract interpretation

8. Change of circumstances: some comparative remarks on laws of the Mainland, Hong Kong and Macau

9. Remedies for breach of contract: termination and specific performance

10. Discriminated by algorithms: the vulnerability of consumers in consumer transactions in the Greater Bay Area

11. The potential role of the CISG for the Greater Bay Area

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

1-03-531742-7