41063029--Chinese Contract Law

Course Title:  Guide to Chinese Contract Law

Course Code

41063029

Semester

2

Teaching Hours

48

Credits

3

Prerequisites

Law English; Civil Law Overview

Instructor Information

Name

张作华

Email

Z0001016@zuel.edu.cn

Institute

Law school of Zhongnan University of Economics and Law

Applicable Object

International Students

Course Objectives

This programe aims to help the foreign students (especially for those from traditional common law systerm countries) to obtain a general and systematic understanding of the theory and practice of Chinese contract law. This course focuses on brief introduction to the new contract regulations in the era of China's Civil Code. At the end of the course, participants will be able to interpret the basic principles and important systems of contract law, and be able to compare and study the Chinese contract law system with the contract system of their home country or region.

Course Description

(200 words)

This course will try to teach those foreign students to understand Chinese story in the field of contract law, mainly based on the provisions of the Chinese Civil Code and relevant judicial interpretations. The course exercises text explaining  and theoretical guidance teaching methods. The program chooses some important systems and basic principles  and concentrates upon constructing a cognitive system of Chinese contract law.

Assessment Methods

interactive performance in course delivery; Write a final study report

Textbooks and References

1. 《Commentary to the Civil Code: Contract Part》

2. 《Introduction to Anglo-American Contract Law》

Course planning

Chapter 1  Overview

Topic1: Legislative evolution of China's contract law

Topic2: The system and characteristics of the contract law of the Civil Code

Topic3: The concept of contract and the application of contract law

Chapter 2  Formation

Topic1: Offer

Topic2: Acceptance

Topic3: Establishment of a contract

Chapter 3  Validity

Topic1: Concluding requisites

Topic2: Effectivity requisites

Topic3: Validation requisites

Topic4: Contract conversion

Chapter 4  Performance

Topic1: Performing principle

Topic2: Performing regulation

Topic3: Performing defence

Chapter 5  Preservation

Topic1: Revocation

Topic2: Subrogation

Chapter 6  Assignment

Topic1: Assignment

Topic2: Debt Obligation

Topic3: Overall Transfer

Chapter 7  Termination

Topic1: Settlement

Topic2: Offset

Topic3: Deposit

Topic4: Exempt

Topic5: Confusio

Chapter 8  Rescission

Topic1: Overview

Topic2: General Rescission

Topic3: Special Rescission

Chapter 9  Liability for breach

Topic1: Breach Model

Topic2: Key component

Topic3: Specific Performance

Topic4: Compensation

Topic5: Liquidated damages 

Topic6: Mitigation