A basic acquaintance with commercial and corporate law is instrumental to practitioners in the commercial world. This course introduces the laws relevant to the sale and distribution of goods, and business transactions, and business organizations. Topics include principles of private law, property, contract, business organizations (partnership, corporate, M&A, etc.), and securities regulations. We focus on the current legal rules in China but will refer to the laws in the U.S. and other jurisdictions occasionally when it provides a better angle. We will see, though, that commercial and corporate laws in the East and the West are similar, once capturing their essences.
This book is an English description of Chinese civil law. The book consists of the following parts: Part I General, Part II Contracts, Part III Tort Law, Part IV Property Law, Part V Conflict of Laws. It attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, in particular, by giving a large number of references to commentaries, treatises, and articles, and intends to incorporate relevant cases, in particular, those adjudicated by the Supreme People’s Court, in order to illustrate the application of civil law statutes in judicial practice.
This book contains succinct summaries of the company laws of Germany, the UK and the US, examines leading cases selected for their comparative value, with many German cases made available for the first time in English translation, and draws comparative analysis from some of the most sophisticated scholarship. Chapters open with discursive analyses of the law in each of Germany, the UK and the US (Delaware, the ABA Model Business Corporation Act, and federal securities laws) and set out the high-level governing framework, particularly for the EU and its member states. Chapters close with edited judicial decisions from at least two of the jurisdictions discussed.
This book examines core areas of contract law, and provides analysis of the Chinese contract law (CCL) with international law instruments. It begins by placing the current CCL in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods.
This book contains a historical introduction evolution of the current company law, discussion of the factors shaping the company law, the treatment of potential changes of the company law, etc. This third edition has incorporated the discussions on new laws and regulations that have sprung up over the past few years, including the China Company Law Amendment 2013 and the new Hong Kong Companies Ordinance (Cap. 622). Besides, many new issues are addressed, such as the zero capital system, shareholders’ right to know and right to profits, and a legal person’s human rights. The comparison between the Chinese and Hong Kong company laws is also updated accordingly.
This book is Volume I of the book series “Studies in the Contract Laws of Asia”, which examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
This book comprises a balance of 60 per cent text to 40 per cent cases and materials. Part One examines the rules relating to the existence of an agreement (particularly offer and acceptance, uncertain and incomplete agreements, and consideration and promissory estoppel). Part Two covers the terms of the contract, including implied terms, interpretation, boilerplate clauses, exclusion clauses, unfair terms in consumer contracts, and good faith. Part Three examines topics such as mistake, misrepresentation, duress, undue influence, unconscionability, inequality of bargaining power, and frustration and force majeure. Part Four turns to breaches of contract and termination, damages, and specific performance. The last part, Part Five, concentrates on third parties.
This book explains the fundamental structure of company law. This twelfth edition brings updating of statutory, regulatory and case law materials, including by the Corporate Governance and Insolvency Act 2020 and the many changes and additions to corporate governance codes requiring ‘apply and explain’ and ‘comply or explain’ adherence; major rewriting of Chapter 3 (Corporate Activity and Legal Liability) in the light of significant Supreme Court cases; expansion of Chapter 6 (Corporate Governance) and Chapter 9 (Company Auditors), along with additional coverage of shareholder remedies (Chapter 8), including coverage of Sevilleja v Marex Financial Ltd (2020, SC) and new cases on statutory derivative actions; and additional coverage of insolvency issues.
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