The New Contract Law in the Chinese Civil Code

2021 ◽  
Author(s):  
Bing Ling
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Introductory Essay ◽  
The Future ◽  
The Law

Abstract China’s new Civil Code, adopted in May 2020, includes a Book on contract law that brought about major developments in this important area of law. A full translation of the Book is presented, with an introductory essay reviewing some of the most significant issues that have emerged in the decade-long drafting of the new law. Various unresolved controversies foreshadow further debates and reform of the law in the future.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

6. Formalities

Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

5. Consideration and Promissory Estoppel

Contract Law ◽  
2020 ◽  
pp. 142-244
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Limited Effect ◽  
The Future ◽  
The Law

The doctrine of consideration is one feature of English contract law that readily distinguishes it from the law of contract in civilian jurisdictions. Its essence is that a promisee cannot enforce a promise unless he has given or promised to give something in exchange for the promise, or unless the promisor has obtained (or been promised) something in return. In other words, there must have been a bargain between the parties. This chapter analyses the current scope of the doctrine of consideration, particularly the rule that consideration must be sufficient but need not be adequate; the pre-existing duty rule and the question whether a promise to pay, or part payment of a debt, is good consideration for the discharge of the entire deb; and the rule that past consideration is not good consideration. It also examines the role of promissory estoppel in contract cases. An estoppel gives (at least limited) effect to a promise that would otherwise be unenforceable, thus the effect of an estoppel may be to supplement, or even supplant, the doctrine of consideration. The chapter concludes with a brief discussion of the future of the doctrine of consideration and, in particular, draws on the critique of consideration developed by Professor Atiyah.

6. Formalities

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

Unenforceable Contracts and Unjusticiable Contracts: Secs. 32–33 of the Contracts (General Part) Law, 1973

1986 ◽  
Vol 21 (3-4) ◽  
pp. 425-449 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
The Future ◽  
General Part ◽  
The Law ◽  
Preparatory Work

The Contracts (General Part) Law, 1973, is the fundamental statute in Israeli contract law, and will in the future serve as the basis for the codification of Israel civil law. The Law was enacted following a decade of meticulous preparatory work by a committee headed by Professor Tedeschi. Prof. Tedeschi was the leading intellectual force in this committee; his influence is apparent in the approaches, principles and concepts of the Law, as well as in its particular provisions. Prof. Tedeschi also devoted a part of his prolific writings to the realm of contracts law. This article, dealing with only two sections of the wide-ranging Contracts (General Part) Law, is dedicated with admiration to the father of Israeli modern contract law.

scholarly journals Transfer of property based on property law rules and contract law rules under forthcoming Kosovo draft-civil code

2021 ◽  
Vol 42 (1) ◽  
pp. 151-165
Author(s):  
Haxhi Gashi ◽  
Bashkim Preteni
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
Property Law ◽  
Transfer System ◽  
Abstract System ◽  
Causal System ◽  
The Law

In most civil law jurisdictions, the contract is the most used derivative title for the transfer of ownership (movable and immovable property). Very often, the law of property and law of contract are seen as distinct and one can envisage their role from different legal perspectives. This is closely connected with the type of transfer system based on whether the (Austrian) causal system, (German) abstract system or (French) consensual system is applicable. Kosovo is in the process of civil law codification and the Kosovo Draft-Civil Code which has followed the application of the causal system of transfer of property and such an above mentioned interaction of these two branches of civil law is mandatory, and only with a common survey can the contractual transfer of property be illustrated. The aim of this paper is to focus solely on the influence of contract law rules in connection with the acquisition of ownership over movable and immovable property determined by Kosovo Draft-Civil Code.

PRINCIPLES OF BALANC E IN THE FRANCHISE A GREEMENT VIEWED FROM ARTICLE 1338 OF THE CIVIL CO DE

2015 ◽  
Vol 1 (2) ◽  
pp. 111-120
Author(s):  
J Jopie Gilalo
Keyword(s):  
Distribution System ◽  
Contract Law ◽  
Civil Code ◽  
Business Activity ◽  
The Law ◽  
The Government

ABSTRACTBusiness franchise is already a business activity to invest quickly in a way the distribution system and marketing of a product of goods and or services. Shape franchise made with a covenant between franchisor and franchisee. Problems in the agreement, if the position between the rights and obligations of both parties had been balanced in the implementation of the bonds they created. Franchise agreement is a contract specially (not named). Based on the Law of Treaties in Indonesia Franchise agreements as was as contract law, which refers to Article 1338 of the Civil Code with the fulfillment of the terms of contract law. In addition, the legal umbrella which provides franchise business, namely in the form of regulations issued by the government for guarantees in this business, even though the principle of balance in terms of an agreement, the franchise agreement has not been providing some balance to the franchise yet.

8. Duress

Contract Law ◽  
2018 ◽  
Author(s):  
Mindy Chen-Wishart
Keyword(s):  
Contract Law ◽  
The Other ◽  
The Future ◽  
The Law

Contract law has always imposed limits on the permissible means used to persuade another to enter into a contract. The doctrine of duress allows a complainant to set aside the contract if these limits are exceeded. This chapter addresses the following questions: (1) What is the justification for the duress doctrine? (2) What must be proved for duress? (3) What sorts of pressures are regarded as illegitimate by the law? (4) How much pressure must the illegitimate threat exert on the other party? (5) Is the current law on duress satisfactory? If not, how might it be developed in the future? (6) What protection do consumers have against aggressive commercial practices?

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