The general principles of the Chinese contract law from the perspective of an (English) Common lawyer
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 contract...
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ftuwarwick:oai:wrap.warwick.ac.uk:94468 2023-05-15T13:58:21+02:00 The general principles of the Chinese contract law from the perspective of an (English) Common lawyer Twigg-Flesner, Christian DiMatteo, Larry A. Lei, Chen 2017-10 application/pdf http://wrap.warwick.ac.uk/94468/ http://wrap.warwick.ac.uk/94468/1/WRAP-General-principles-Chinese-contract-law-Twigg-Flesner-2017.pdf https://doi.org/10.1017/9781316816912.004 unknown Cambridge University Press http://wrap.warwick.ac.uk/94468/1/WRAP-General-principles-Chinese-contract-law-Twigg-Flesner-2017.pdf 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 KN Asia and Eurasia Africa Pacific Area and Antarctica Book Item NonPeerReviewed 2017 ftuwarwick https://doi.org/10.1017/9781316816912.004 2022-09-01T22:40:11Z 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. Book Antarc* Antarctica The University of Warwick: WRAP - Warwick Research Archive Portal Pacific 44 71 Cambridge |
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The University of Warwick: WRAP - Warwick Research Archive Portal |
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KN Asia and Eurasia Africa Pacific Area and Antarctica |
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KN Asia and Eurasia Africa Pacific Area and Antarctica Twigg-Flesner, Christian The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
topic_facet |
KN Asia and Eurasia Africa Pacific Area and Antarctica |
description |
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. |
author2 |
DiMatteo, Larry A. Lei, Chen |
format |
Book |
author |
Twigg-Flesner, Christian |
author_facet |
Twigg-Flesner, Christian |
author_sort |
Twigg-Flesner, Christian |
title |
The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
title_short |
The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
title_full |
The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
title_fullStr |
The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
title_full_unstemmed |
The general principles of the Chinese contract law from the perspective of an (English) Common lawyer |
title_sort |
general principles of the chinese contract law from the perspective of an (english) common lawyer |
publisher |
Cambridge University Press |
publishDate |
2017 |
url |
http://wrap.warwick.ac.uk/94468/ http://wrap.warwick.ac.uk/94468/1/WRAP-General-principles-Chinese-contract-law-Twigg-Flesner-2017.pdf https://doi.org/10.1017/9781316816912.004 |
geographic |
Pacific |
geographic_facet |
Pacific |
genre |
Antarc* Antarctica |
genre_facet |
Antarc* Antarctica |
op_relation |
http://wrap.warwick.ac.uk/94468/1/WRAP-General-principles-Chinese-contract-law-Twigg-Flesner-2017.pdf 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 |
op_doi |
https://doi.org/10.1017/9781316816912.004 |
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44 |
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71 |
op_publisher_place |
Cambridge |
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1766266584589926400 |