A Comparative Analysis of Policing Consumer Contracts in China and the EU
Title | A Comparative Analysis of Policing Consumer Contracts in China and the EU PDF eBook |
Author | Jiangqiu Ge |
Publisher | Springer |
Pages | 334 |
Release | 2019-02-07 |
Genre | Law |
ISBN | 9811329893 |
This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.
The Law and Economics of Enforcing European Consumer Law
Title | The Law and Economics of Enforcing European Consumer Law PDF eBook |
Author | Dr Franziska Weber |
Publisher | Ashgate Publishing, Ltd. |
Pages | 337 |
Release | 2014-05-28 |
Genre | Law |
ISBN | 1472417062 |
In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.
Modern European and Chinese Contract Law
Title | Modern European and Chinese Contract Law PDF eBook |
Author | Junwei Fu |
Publisher | Kluwer Law International B.V. |
Pages | 218 |
Release | 2011-04-20 |
Genre | Law |
ISBN | 9041139370 |
This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law
Title | Legal Agreements on Smart Contract Platforms in European Systems of Private Law PDF eBook |
Author | Jasper Verstappen |
Publisher | Springer Nature |
Pages | 424 |
Release | 2023-06-23 |
Genre | Law |
ISBN | 3031354079 |
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
The Principles of BRICS Contract Law
Title | The Principles of BRICS Contract Law PDF eBook |
Author | Salvatore Mancuso |
Publisher | Springer Nature |
Pages | 444 |
Release | 2022-08-09 |
Genre | Law |
ISBN | 3031008448 |
This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.
Chinese Outbound Tourist Behaviour
Title | Chinese Outbound Tourist Behaviour PDF eBook |
Author | Jun Wen |
Publisher | Routledge |
Pages | 230 |
Release | 2022-06-23 |
Genre | Business & Economics |
ISBN | 1000609073 |
Assuming an international perspective, Chinese Tourist Outbound Behaviour presents an insightful exploration of the evolution of China’s tourism market, explores Chinese tourists’ behaviour, and considers how the country’s tourism landscape will expand in the future. Featuring 16 chapters compiled and written by industry experts representing 11 countries, this collection offers a vivid profile of Chinese tourists and the characteristics distinguishing them from other market segments. This book coincides with the growing interest in Chinese tourism and tourist behaviour as the top market in the world in terms of tourism spending and arrival numbers, presenting an overview of Chinese tourist segments and travel-related concerns to paint a clear picture of the market’s status. Chapters address the future of Chinese tourism, providing industry stakeholders an up-to-date view on this valuable market along with suggestions to best harness the market’s power. Providing an up-to-date exploration of numerous contemporary issues, this book will be valuable to a wide audience, including advanced students in tourism, hospitality and leisure and recreation studies and stakeholders, authorities, establishments and employees within the tourism industry. This book offers readers greater knowledge about the past, present and future of the Chinese outbound tourism market.
Teaching and Learning Chinese as a Foreign or Second Language: The Educational Psychology Perspective
Title | Teaching and Learning Chinese as a Foreign or Second Language: The Educational Psychology Perspective PDF eBook |
Author | Yang Frank Gong |
Publisher | Frontiers Media SA |
Pages | 318 |
Release | 2024-02-21 |
Genre | Science |
ISBN | 2832545084 |
Over the past two decades, Chinese as a foreign or second language (CFL/CSL) has been increasingly taught and learnt as an important language both within and outside China. Studies in the field have attempted to address deep-seated tensions between existing educational ideologies, concepts, strategies, and approaches and student learning process and performance, and between existent teaching methods and techniques and the globalization of Chinese language education.