Hardback
Towards a Model Sales Law in the Greater Bay Area
A Comparative Study of Contract Law in Mainland China, Hong Kong and Macau
9781035317417 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘The publication of Towards a Model Sales Law in the Greater Bay Area is most timely. Studies in intra-Asian comparative law, not least in the area of contracts, have met with increasing interest over the past decade. The comparison in the present volume is particularly attractive because of the unusual scenario of “one country, three systems”. Comparing a common law system, a system from the civil law tradition and the unusual, multifaceted system of the PRC in a single volume promises exciting discoveries.’
– Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory, Germany
– Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory, Germany
Contents
Contents
1 A comparative study of contract law for the Greater Bay
Area: an introduction 1
Hao Jiang
2 The elements of a contract 19
Io Cheng TONG and Mauro Bussani
3 Contract formation 40
Célia F. Matias
4 Regulating pre-contractual liability: a general liability
basis or piecemeal solutions? 62
Isabel Mousinho de Figueiredo
5 Mistake and fairness: Divergence of doctrines and room
for harmonization 72
Hao Jiang
6 The duty to perform a contract in good faith: two
opposing views and an alternative 91
James Gordley and Hao Jiang
7 Methods of contract interpretation 100
Xiuqi WANG and Jian HE
8 Change of circumstances: Some comparative remarks on
laws of the Mainland, Hong Kong and Macau 117
Qiao LIU
9 Remedies for breach of contract: termination and specific
performance 132
Marta Infantino and Jingen WANG
10 Discriminated by algorithms: the vulnerability of
consumers in consumer transactions in the Greater Bay Area 156
Dan WEI and Yiliang CHEN
11 The potential role of the CISG for the Greater Bay Area 176
André Janssen
1 A comparative study of contract law for the Greater Bay
Area: an introduction 1
Hao Jiang
2 The elements of a contract 19
Io Cheng TONG and Mauro Bussani
3 Contract formation 40
Célia F. Matias
4 Regulating pre-contractual liability: a general liability
basis or piecemeal solutions? 62
Isabel Mousinho de Figueiredo
5 Mistake and fairness: Divergence of doctrines and room
for harmonization 72
Hao Jiang
6 The duty to perform a contract in good faith: two
opposing views and an alternative 91
James Gordley and Hao Jiang
7 Methods of contract interpretation 100
Xiuqi WANG and Jian HE
8 Change of circumstances: Some comparative remarks on
laws of the Mainland, Hong Kong and Macau 117
Qiao LIU
9 Remedies for breach of contract: termination and specific
performance 132
Marta Infantino and Jingen WANG
10 Discriminated by algorithms: the vulnerability of
consumers in consumer transactions in the Greater Bay Area 156
Dan WEI and Yiliang CHEN
11 The potential role of the CISG for the Greater Bay Area 176
André Janssen
