Towards a Model Sales Law in the Greater Bay Area

A Comparative Study of Contract Law in Mainland China, Hong Kong and Macau

Hao Jiang (Herausgeber)

Buch | Hardcover

208 Seiten

2024
Edward Elgar Publishing Ltd (Verlag)
978-1-0353-1741-7 (ISBN)

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This book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region’s rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region.

Hao Jiang brings together expert contributors, both from within the region itself and outside of it, to conduct a systematic doctrinal analysis of the region’s contract and sales law. Contributing authors assess legal transplants specifically tracing the influence of German civil law on China along with English common law and Portuguese civil law on Hong Kong and Macau. Chapters cover key doctrinal topics where the three laws converge and diverge including contract formation, pre-contractual liability, vitiating factors, good faith, change of circumstances, and remedies. Ultimately, the book highlights how a unified contract and sales law could facilitate cross-border transactions in the region, and lays the foundations for future empirical research on this subject.

Providing a comparative study of Chinese, Hong Kong and Macau contract law through the lens of European law, Towards a Model Sales Law in the Greater Bay Area is an essential resource for scholars, students and practitioners of private, sales and contract law.

Edited by Hao Jiang, Assistant Professor of Comparative Private Law, Department of Legal Studies, Bocconi University, Italy

Contents
1 A comparative study of contract law for the Greater Bay
Area: an introduction 1
Hao Jiang
2 The elements of a contract 19
Io Cheng TONG and Mauro Bussani
3 Contract formation 40
Célia F. Matias
4 Regulating pre-contractual liability: a general liability
basis or piecemeal solutions? 62
Isabel Mousinho de Figueiredo
5 Mistake and fairness: Divergence of doctrines and room
for harmonization 72
Hao Jiang
6 The duty to perform a contract in good faith: two
opposing views and an alternative 91
James Gordley and Hao Jiang
7 Methods of contract interpretation 100
Xiuqi WANG and Jian HE
8 Change of circumstances: Some comparative remarks on
laws of the Mainland, Hong Kong and Macau 117
Qiao LIU
9 Remedies for breach of contract: termination and specific
performance 132
Marta Infantino and Jingen WANG
10 Discriminated by algorithms: the vulnerability of
consumers in consumer transactions in the Greater Bay Area 156
Dan WEI and Yiliang CHEN
11 The potential role of the CISG for the Greater Bay Area 176
André Janssen

Erscheinungsdatum	06.09.2024
Reihe/Serie	Asian Commercial, Financial and Economic Law and Policy series
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht
ISBN-10	1-0353-1741-9 / 1035317419
ISBN-13	978-1-0353-1741-7 / 9781035317417
Zustand	Neuware