The PRC Contract Law and Its Unique Notion of Subrogation
| Main Author: | Li, Grace; University of Technology, Sydney (UTS) |
|---|---|
| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
International Association of IT Lawyers
, 2009
|
| Online Access: |
http://www.jiclt.com/index.php/jiclt/article/view/67 http://www.jiclt.com/index.php/jiclt/article/view/67/66 |
Daftar Isi:
- This paper briefly introduces a recent history of the development of the Chinesecontract law. It then analyses various specific contract law issues including formation of thecontract, liability for breach of contract and the notion of subrogation. This paper finds that PRC’scontract law presents a hybrid version with key concepts from both Common law tradition and theCivil law tradition. This hybrid is however unique in the way of enforcing contracting parties’rights/obligations in many contract matters. Unfortunately, without a proper case recording systemin the jurisdiction, the unique Chinese legal method is somehow difficult to solve complex contractissues. This paper then argues further that there is a need to update the current system in the law ofcontract, particular in dealing with the right of subrogation.