Ending and changing contracts edited by Mindy Chen-Wishart, Dora Neo, Stefan Vogenauer

Format:

Book

Contributor:

Chen-Wishart, Mindy, editor.

Neo, Dora Swee Suan, editor.

Vogenauer, Stefan, 1968- editor.

Series:

Studies in the contract laws of Asia V

Language:

English

Subjects (All):

Contracts--Asia.

Contracts.

Asia.

Physical Description:

1 online resource

Place of Publication:

Oxford University Press, 2026.

Oxford New York, NY Oxford University Press [2026]

Summary:

This fifth volume in the acclaimed 'Studies in the Contract Laws of Asia' series offers a comprehensive comparative analysis of contract termination and change of circumstances across thirteen key Asian jurisdictions: China, India, Japan, Hong Kong, Taiwan, South Korea, Singapore, Malaysia, Myanmar, Vietnam, Thailand, the Philippines, and Indonesia. Drawing on four major legal traditions-Napoleonic, German, common law, and the Indian Contracts Act, the volume explores how these Asian systems handle core issues such as withholding performance, termination for breach, impossibility, and adaptation of contracts under unforeseen hardship. While many jurisdictions converge on basic principles, striking differences emerge in how they allocate risk and define fairness, particularly in response to changing circumstances

Contents:

Cover

Half Title

Title Page

Copyright Page

Dedication

Foreword

Acknowledgements

Table of Contents

Table of Cases

AUSTRALIA

CHINA

GERMANY

HONG KONG

INDIA

INDONESIA

JAPAN

KOREA

MALAYSIA

MYANMAR

NEW ZEALAND

PHILIPPINES

SINGAPORE

SPAIN

TAIWAN

THAILAND

UNITED KINGDOM

VIETNAM

Table of Legislation

INTERNATIONAL INSTRUMENTS

NATIONAL LEGISLATION

Australia

China

France

Germany

Hongkong

India

Indonesia

Italy

Japan

Korea

Malaysia

Myanmar

Netherlands

Philippines

Russia

Singapore

Spain

Switzerland

Taiwan

Thailand

United Kingdom

United States

Vietnam

EUROPEAN UNION

Contributors

Abbreviations

1 Introduction

I. Genesis and Objectives of the Project

II. The Asian Jurisdictions Covered in This Volume

III. Methodology

IV. Guidance Provided to Chapter Contributors

V. Chapter Overviews

2 On Comparative Analysis as Well as Ending and Changing Contracts

I. Introduction

II. The Importance of Comparative Analysis

III. On Ending and Changing Contracts: Some General Thoughts

IV. Some Brief Specific Perspectives: Discharge By Breach of Contract and Discharge By Frustration

1. Introduction

2. Discharge By Breach of Contract

3. Discharge By Frustration

V. Conclusion

VI. Postscript

3 Change of Circumstances in China's Civil Legislation and Judicial Practice

II. Evolution of the Doctrine of Change of Circumstances in China's Civil Legislation: A Comparative Legal Methodology

1. Striking a Balance Between the Interests of the Contracting Parties and Good Faith

2. Change of Circumstances in China's Legislation

3. The Principle of Change of Circumstances Should Be Narrowly and Strictly Applied

4. The Unity Model of Force Majeure and Change of Circumstances

III. Application of the Doctrine of Change of Circumstances: Typological Case Analysis

1. The Impact of Environmental Protection Policies On Contract Performance

2. The Impact of a Soaring 'State Price' On Contract Performance

3. The Impact of New Policies in the Housing Market On Contract Performance

4. The Impact of Other Significant Changes On Contract Performance

IV. The Special Relationship Between New Real Estate Regulatory Policies and Change of Circumstances

V. The Hypotheticals

1. Abraham and Bill

2. Citi Corporation and Drive Bank

3. Easy and Frugle

4. George and Han

5. Gina and H Hotel

6. Kris and Leila

VI. Conclusion

4 Termination of Contract in Chinese Law

II. Sources of Law

1. Chinese Civil Code

2. Other Statutes

III. Termination By Consent

1. Consensual Termination By a New Agreement

2. Consensual Termination Pursuant to a Contractual Clause

IV. Termination By Operation of Law

Notes:

Includes bibliographical references and index

Description based on online resource; title from digital title page (viewed on May 14, 2026)

Other Format:

Print version :

ISBN:

9780198995807

0198995806

9780198995838

0198995830

OCLC:

1574450575

Publisher Number:

CIPO000359225

Access Restriction:

Restricted for use by site license