Chinese Contract Law and the 2020 Civil Code – First Edition
Author(s): Mimi Zou
Publication Date: To be Published in November 2020
Chinese Contract Law and the 2020 Civil Code is the first book to introduce the key provisions on contracts in the Civil Code to an English-speaking audience outside mainland China. It is written for legal practitioners, researchers, and students who are looking for a clear, succinct, and up-to-date practical guide to the principles of Chinese contract law.
The long-awaited promulgation of the Civil Code on 28 May 2020 is a historical milestone in the legal system of the People’s Republic of China (PRC). With 1,260 articles across 84 chapters and seven parts, the Civil Code is the first systematic compilation of various laws and regulations governing general principles and rules of civil law, property, contracts, personality rights, marriage and family, and inheritance. This book addresses the main aspects of a contract from its formation to remedies for breach. It points out the important differences between the contract provisions in the Civil Code and the 1999 Contract Law and discusses some of the ongoing academic and policy debates regarding these differences. Moreover, the book analyses a range of related judicial interpretations, guiding opinions, guiding cases, and model or typical cases to illustrate how Chinese courts have sought to resolve a range of contractual disputes in practice.
Table of contents
Ch 1 Introduction and General Principles
Ch 2 Formation of Contract
Ch 3 Validity of Contracts
Ch 4 Precontractual Liability
Ch 5 Performance of Contract
Ch 6 Modification and Transfer of Contract
Ch 7 Discharge and Termination of Contract
Ch 8 Liability and Remedies for Breach of Contract