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The general principles of the Chinese contract law from the perspective of an (English) Common lawyer
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Twigg-Flesner, Christian (2017) The general principles of the Chinese contract law from the perspective of an (English) Common lawyer. In: DiMatteo, Larry A. and Lei, Chen, (eds.) Chinese Contract Law : Civil and Common Law Perspectives. Cambridge: Cambridge University Press, pp. 29-43. ISBN 9781316816912
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Official URL: https://doi.org/10.1017/9781316816912.004
Abstract
This chapter will contrast the statement of general principles found in Arts.1-7 of the Chinese Contract Law (“CCL”) with the approach to general principles of contract law in the (English) common law. The particular purpose of this paper will be on how these two contract law regimes regard contractual freedom and the extent to which there are limitations to this. It will begin with a short summary account of the CCL’s general principles. The bulk of this paper will then set out the English common law’s approach to general principles, the notion of “freedom of contract”, and the extent to which restrictions to this notion are imposed by the common law. It must be stressed from the outset that this paper is concerned with English variant of the common law and how this contrasts with the CCL. There are, of course, different versions of the common law, and whilst these have common origins, significant variations have developed over time. Secondly, as will be explained, this paper is only concerned with the common law of contracts, and will not consider the way English law now regulates specific types of contracts, such as consumer contracts.
| Item Type: | Book Item | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica | ||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Contracts -- China, Contracts -- England, Comparative law | ||||||
| Publisher: | Cambridge University Press | ||||||
| Place of Publication: | Cambridge | ||||||
| ISBN: | 9781316816912 | ||||||
| Book Title: | Chinese Contract Law : Civil and Common Law Perspectives | ||||||
| Editor: | DiMatteo, Larry A. and Lei, Chen | ||||||
| Official Date: | October 2017 | ||||||
| Dates: |
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| Page Range: | pp. 29-43 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Date of first compliant deposit: | 9 November 2017 | ||||||
| Date of first compliant Open Access: | 1 July 2018 |
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