Compulsory Wreck Removal: Administrative Regulation and Civil Liabilities under Chinese Law

2016 ◽  
Vol 28 (3) ◽  
pp. 127-141
Author(s):  
Wang Xin ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 31-44
Author(s):  
Shiyuan Han

It is impossible to draw a distinct line between force majeure and change of circumstances, because the two overlap. In order to regulate both force majeure and change of circumstances, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has adopted a unified model in article 79, whereas Chinese law adopts a dual model by treating them as different things and regulating them in different articles. Where the purpose of a contract becomes impossible to achieve because of a force majeure and both the CISG and Chinese Contract Law (the CCL) adopt the same model of termination of the contract, the contract should be terminated by one party with a notice to the other party instead of ipso facto avoidance. In a case of a change of circumstances, in order to terminate the contract, both the CISG and the CCL actually follow the path of raising an action by a notice of avoidance or termination to theother party. Both approaches have their merits and demerits but the differences between them in practice are not as large as presumed. Where force majeure and change of circumstances overlap each other, possible ways for termination of the contract are for a party either to choose their preferred solution or to follow the lex specialis derogat generali. The latter way is preferred in this article; and while in an action for termination the judge may balance the interests of both parties in making a final decision, the uniform application of the law, the safety of the transaction and the fairness of the judgment may be ensured in so doing.


2020 ◽  
Vol 9 (3) ◽  
pp. 131-144
Author(s):  
D.A. REDIN ◽  

The purpose of the article is to research the history of creation and formation of the Chancellery of Contract Affairs – the first supervisory and regulatory body in the field of public procurement in Russia. The early history of the Contracting Chancellery (1715–1717) can be traced in the context of the development of legislative and administrative regulation of public procurement during the reign of Peter the Great. The institution of public procurement itself, according to the author, is associated with the acquisition of distinct features of the modern state by Russia, which was manifested in the previous time. The immediate impetus for the development of the institution was the reform of the armed forces and the resulting mobilization efforts of the supreme power. The very content of the research predetermined the use of source-based and historical-legal methods. As a result of the study, the author states that the creation of a special body – the Chancellery of Contract Affairs, designed to take control of the situation under state contracts, turned out to be the right decision. The well-coordinated work of the Contracting Chancellery with the Senate, fiscal authorities and investigative bodies led to the creation of a number of important regulatory legal acts, almost ‘from scratch’ forming the legislative basis for the institution of public procurement functioning. The need for further work on the designated topic is noted.


Author(s):  
Chen Lei

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.


2017 ◽  
Vol 35 (4) ◽  
pp. 977-1016
Author(s):  
Frédéric Constant

Assessment and awarding of compensation to victims of injury and loss are among the main duties performed by courts in many different legal systems. In Western law, it constitutes a central purpose of tort law, which in itself is one of the fundamental branches of law. Did Chinese law have a specific approach to the question of compensation, which singularizes it from other legal systems? From the points of view both of statute law and judicial practice, my primary concern is to investigate whether compensation was granted to victims of injury or death under the Ming and Qing laws.


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