
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 IV of Studies in the Contract Laws of Asia deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) 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 erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.
This volume investigates the legal frameworks governing contract validity across thirteen Asian jurisdictions, specifically focusing on factors that render agreements void or voidable. The editors, Hiroo Sono, Stefan Vogenauer, and Mindy Chen-Wishart, compile expert contributions to analyze how diverse legal systems—rooted in either common or civil law traditions—manage issues such as mistake, fraud, misrepresentation, and coercion. The text serves as a comparative study to identify both the unique adaptations of received law and the emerging regional convergences in contractual dispute resolution.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this series as a primary resource for understanding the nuances of contract law within the Asian region. Experts frequently note the academic density and the high level of detail provided by local contributors, making it a foundational text for comparative legal research.
Page Count:
512
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
0192675451
ISBN-13:
9780192675453
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