Invalidity

Erscheinungsjahr 2022
ISBN: 978-0-19-285934-1
Verlag: Oxford University Press

Buch, Englisch, 624 Seiten, Format (B × H): 179 mm x 249 mm, Gewicht: 1284 g

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.

Autoren/Hrsg.

Chen-Wishart, Mindy

Sono, Hiroo

Vogenauer, Stefan

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Öffentliches Recht
• Rechtswissenschaften Bürgerliches Recht

Inhaltsverzeichnis

- Table of Cases

- Table of Legislation

- List of Contributors

- List of Abbreviations

- 1: Mindy CHEN-WISHART, Hiroo SONO, and Stefan VOGENAUER: Introductions

- CHINA: ERRONEOUS BELIEFS

- 2: SHEN Wei: The Doctrine of Mistake and the Rule on Gross Misunderstanding in Chinese Contract Law

- CHINA: REPREHENSIBLE CONDUCT

- 3: WANG Yi: Duress and Exploitation in Chinese Contract Law

- HONG KONG: ERRONEOUS BELIEFS

- 4: Rebecca LEE: Mistake and Misrepresentation in Hong Kong Contract Law

- HONG KONG: REPREHENSIBLE CONDUCT

- 5: Lusina HO: Reprehensible Conduct: Threats and Unfair Exploitation in Hong Kong

- INDIA: ERRONEOUS BELIEFS

- 6: KV Krishnaprasad: Fraud, Misrepresentation, and Mistake in Indian Contract Law

- INDIA: REPREHENSIBLE CONDUCT

- 7: Shivprasad Swaminathan: Coercion, Undue Influence, and Unconscionability in Indian Contract Law

- INDONESIA: ERRONEOUS BELIEFS

- 8: Muhammed Rifky Wicaksono: Defects of Consent: Fraud and Mistake in Indonesian Contract Law

- INDONESIA: REPREHENSIBLE CONDUCT

- 9: Gary F Bell: Threats and Unfair Exploitation in Indonesia

- JAPAN: ERRONEOUS BELIEFS

- 10: KIHARA Hiroyuki: The Regulation of Mistake, Fraud, and Misrepresentation in Japan

- JAPAN: REPREHENSIBLE CONDUCT

- 11: Hiroo SONO: Threats and Unfair Exploitation under Japanese Law

- KOREA: ERRONEOUS BELIEFS

- 12: KWON Youngjoon: Mistake, Fraud, and Misrepresentation in Korea

- KOREA: REPREHENSIBLE CONDUCT

- 13: AHN Tae Yong: Duress, Undue Influence, and Unconscionability under Korean Law

- MALAYSIA: ERRONEOUS BELIEFS

- 14: TAY Pek San: Mistake, Fraud, and Misrepresentation in Malaysian Contract Law

- MALAYSIA: REPREHENSIBLE CONDUCT

- 15: CHEONG May Fong and LEE Yin Harn: Contracts Resulting from Threats and Unfair Exploitation: The Position under Malaysian Contract Law

- MYANMAR: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT

- 16: Adrian BRIGGS: Invalidity in the Myanmar Law of Contract

- PHILIPPINES: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT

- 17: Michael Anthony C DIZON and Jose Jesus JM DISINI: Invalidity of Contract in the Philippines: Grounds for Annulment Based on Defects of Intellect and Will

- SINGAPORE: ERRONEOUS BELIEFS

- 18: Kelry CF LOI: Misrepresentation and Mistake in Singapore Contract Law

- SINGAPORE: REPREHENSIBLE CONDUCT

- 19: Burton ONG: Duress, Undue Influence, and Unconscionability in Contract Law: A View from Singapore

- TAIWAN: ERRONEOUS BELIEFS

- 20: Tsung-Fu CHEN: Mistake, Fraud, and Misrepresentation in Taiwanese Law: A Comparative Study

- TAIWAN: REPREHENSIBLE CONDUCT

- 21: Sheng-Lin JAN: Threat and Unfair Exploitation under Taiwanese Private Law

- THAILAND: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT

- 22: Munin PONGSAPAN: Invalidity of Contract in Thai Law: Defects in Consent

- VIETNAM: ERRONEOUS BELIEFS AND REPREHENSIBLE CONDUCT

- 23: DO Giang Nam and TRAN Kien: Invalidity Due to Defects of Consent in Vietnam

- 24: Hugh BEALE: Invalidity of Contracts in Asia: Comparative Conclusions

- Bibliographies

- Index

Über Autor(innen)

Mindy Chen-Wishart is Dean, and Professor at the Faculty of Law at Oxford University and a Fellow of Merton College. She holds a fractional Professorship at the National University of Singapore and a Visiting Professor, Hong Kong University. She is author of Contract Law (6th ed), and of numerous articles on the theory, doctrine and comparative law of contract. She is an Editor of Chitty on Contracts (34th ed, forthcoming), is a member of the Advisory Group on A Restatement of the English Law of Contract, and has lectured to the Judicial College of England and Wales.

Hiroo Sono is Professor at the Graduate School of Law at Hokkaido University. He received an LL.M. degree from the University of Michigan Law School in 1990. He is the author of numerous publications in the fields of contract law, transnational commercial law, and unification of law. He is a member of the CISG Advisory Council (CISG-AC) and is also involved in various projects on unification and harmonization of private law at UNCITRAL and UNIDROIT, particularly in the field of international commercial contracts and secured transactions.

Stefan Vogenauer, prior to his current position was a Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg (2002-3); as well as Professor of Comparative Law and Director of the Institute of European and Comparative Law at the University of Oxford (2003-15). He is the author of numerous publications in the fields of legal history, European and comparative private law, transnational commercial law and legal method.