Invalidity of Contracts in Asia
New Publication: Mindy Chen-Wishart, Hiroo Sono and Stefan Vogenauer (eds), Volume IV of Studies in the Contract Laws of Asia (Oxford University Press 2022)
The fourth of six volumes of the book series Studies in the Contract Laws of Asia has just been published by Oxford University Press. It emanates from a project involving more than 50 Asian scholars. All volumes pursue three objectives. First, they intend to gather reliable information on the contract laws of the jurisdictions involved. Secondly, they attempt a first tentative comparison of these contract laws. Thirdly, they wish to shed light on the relationship between the Asian laws involved and their respective European source jurisdictions. The third of these objectives adds a strongly historical dimension to the comparative exercise. It requires a nuanced study of the legal transfers from English, French and German law that can be observed to various degrees in all the Asian jurisdictions covered in the series.
Volume IV deals with deficiencies in the process of contracting (mistake, misrepresentation, fraud, undue influence, duress, etc) and the resulting invalidity of contracts 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 written by lawyers from the respective jurisdiction. Stefan Vogenauer contributed to the introductory chapter which frames the issues and gives a first overview of the solutions pursued in the respective legal systems.