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Duress and Undue Influence in English and German Contract Law: a comparative study on vitiating factors in common and civil law
civil law English and German Contract Law
2015/8/4
The notion of freedom of contract is the acknowledged basis of contract law in both the common law system of England as well as in the civil law system of Germany.3 Freedom of contract can be understo...
Draft for a First Chapter (Subject Matter, Application and Scope) of an Optional European Contract Law
Optional European Contract Law Law
2015/8/4
The European Commission’s “Expert Group on European contract law for stakeholders’ and legal practitioners’ feedback” has just published a Feasibility Study,1 which is largely, but not exclusively bas...
Towards a Social Value Convergence: a Comparative Study of Fundamental Principles of Contract Law in the EU an
Social Value Convergence Fundamental Principles
2015/8/4
One of the remarkable differences in contract law between legal systems in the European Union and China is the definition and status of contractual freedom. Historically, contractual freedom has not b...
Intention to Create Legal Relations and the Reform of Contract Law: A Conservative Approach in the Modern Global Era
Intention to Create Legal Relations Consideration Contract Theory Contract Law
2013/9/16
This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations ...
THE GOOD FAITH PRINCIPLE IN CONTRACT LAW AND THE PRECONTRACTUAL DUTY TO DISCLOSE: COMPARATIVE ANALYSIS OF NEW DIFFERENCES IN LEGAL CULTURES
THE GOOD FAITH PRINCIPLE CONTRACT LAW PRECONTRACTUAL DUTY COMPARATIVE ANALYSIS NEW DIFFERENCES LEGAL CULTURES
2014/6/27
The purpose of this paper is to delineate new similarities and future differences between legal systems, using pre-contractual liability and good faith. Instead of focusing on the differences between ...