
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.
This volume investigates how diverse Asian jurisdictions manage the identification of contractual terms and the legal regulation of unfair terms within their respective contract law regimes. The editors, Mindy Chen-Wishart and Stefan Vogenauer, compile expert analyses to examine the evolution of legal systems in Asia that have adopted or inherited European common law or civil law models. By focusing on the specific mechanisms of contract interpretation and the interventionist policies regarding unfairness, the text provides a framework for understanding how these legal systems address common commercial disputes.
What You Will Find
Legal scholars and practitioners identify this series as a foundational resource for understanding the nuances of contract law in the Asian region. The text is noted for its academic rigor and its utility in regional harmonization projects, serving as a primary reference for those studying legal transplants and comparative jurisprudence.
Page Count:
688
Publication Date:
2021-01-30
Publisher:
Oxford University Press
ISBN-10:
0198850425
ISBN-13:
9780198850427
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