Studien zu den Vertragsrechten in Asien


The six-volume series Studies in the Contract Laws of Asia, edited together with Professor Mindy Chen-Wishart (Oxford University) and published with Oxford University Press, provides an unprecedented account of the contract law regimes of selected Asian jurisdictions, including the continent’s major centres of commerce, on which so far only very limited critical commentary has been available in the English language. The coverage extends to Cambodia, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the Philippines, Singapore, Taiwan, Thailand and Vietnam.

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 the Asian jurisdictions covered in the series.

The various volumes deal with specific areas of contract law, including remedies, formation, content, parties, defects of consent, change of circumstances, illegality and public policy. Each volume features a joint introduction by the editors that specifies the research agenda, in-depth essays by leading scholars and commentators from the relevant jurisdictions and a concluding comparative discussion of the similarities and dissimilarities observed.    

The volumes on Remedies for Breach of Contract, Formation and Third Party Beneficiaries and Contents of Contract and Unfair Terms have already been published. A volume on Invalidity of Contracts is in preparation for 2021.

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