Contents of contracts and unfair terms
著者
書誌事項
Contents of contracts and unfair terms
（Studies in the contract laws of Asia, 3）
Oxford University Press, 2020
1st ed
- : hbk
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注記
Includes bibliographical references (p. [559]-603) and index
内容説明・目次
内容説明
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public
policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European
legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects.
Volume III of this series deals with the contents of contracts and unfair terms 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: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness'
relating to contract terms, and legal responses to unfair terms.
目次
1: Mindy Chen-Wishart and Stefan Vogenauer: Introduction
2: Yang Fan: Contract Formation under Chinese Law
3: Han Shiyuan: Regulating Unfair Contract Terms under Chinese Law
4: Stephen Hall: Contract Terms in Hong Kong: Incorporation, Interpretation, Implication, and Unfair Terms
5: Nilima Bhadbhade: Contract Terms and Their Interpretation - The Indian Perspective
6: Stelios Tofaris: The Regulation of Unfair Terms in Indian Contract Law: Past, Present And Future
7: Gary Bell: Contractual Interpretation and Protection Against Unfair Terms in Indonesia
8: Masami Okino: The Interpretation of Contracts under Japanese Law
9: Hiroyuki Kihara: The Regulation of Unfair Terms and Consumer Protection in Japan
10: Kwon Youngjoon: Contractual Interpretation under Korean Law
11: Ahn Tae-Yong: Regulation of Unfair Terms under Korean Law
12: Tay Pek San: Interpretation and Implication of Contractual Terms in Malaysia
13: Chan Wai Meng and Tay Pek San: Unfair Contract Terms and Consumer Protection: Legislative and Judicial Controls in Malaysia
14: Adrian Briggs and Andrew Burrows: Contents of Contracts and Unfair Terms in the Myanmar Law of Contract
15: Michael Dizon: Contract Terms in the Philippines: Incorporation, Interpretation, Implication, and Unfair Terms
16: Goh Yihan: The Interpretation and Implication of Contractual Terms in Singapore
17: Sandra Booysen: Regulating Unfair Terms and Consumer Protection
18: Wu Ying-Chieh: Ascertaining Contractual Terms in Taiwan
19: Jan Sheng-Lin: Regulating Unfair Terms and Consumer Protection under Taiwan Law
20: Munin Pongsapan: Identification and Interpretation of Contractual Terms in Thai Law
21: Sakda Thanitcul: The Regulation of Unfair Terms and Consumer Protection in Thailand
22: Nguyen Hung Quang and Nguyen Thuy Duong: Contract Interpretation and Unfair Terms in Vietnamese Contract Law
23: Stefan Vogenauer: Conclusion
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