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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 the validity of contracts across thirteen diverse Asian jurisdictions. The authors, a team of legal scholars and experts, utilize comparative analysis to examine how different legal systems—rooted in either common or civil law traditions—address issues such as mistake, fraud, and coercion. By synthesizing regional approaches, the text provides a structured framework for understanding how these jurisdictions manage contractual disputes and the factors that render an agreement invalid.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this series as a foundational resource for comparative law research in the Asian region. The text is noted for its academic rigor and its utility in identifying points of convergence for future regional harmonization projects.
Page Count:
624
Publication Date:
2022-10-31
Publisher:
Oxford University Press
ISBN-10:
019285934X
ISBN-13:
9780192859341
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