Librería Portfolio

An authoritative account of two central features of contract law in key Asian jurisdictions: contract formation and third party beneficiaries
Brings together leading scholars and commentators on China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Myanmar, Hong Kong, Korea, Vietnam, Cambodia, Thailand, and Indonesia
An invaluable resource for comparative scholars, whether in the East or West, and anyone engaged in commerce in the major Asian markets



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 II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.



Table of Contents

1:Introduction, Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer
2:Contract Formation Under Chinese Law, Ding Chunyan
3:Relaxations of Contractual Privity and the need for Third Party Rights in Chinese Contract Law, Chen Lei
4:Contract Formation in India: Law and Practice, Nigam Nuggehalli
5:Contracts for the Benefit of Third Parties: The Indian Perspective, Nilma Bhadbhade
6:The Legal Landscape of Contract Formation: Towards a Distinct Malaysia Jurisprudence?, Tay Pek San
7:Contracts for the Benefits of Third Parties in Malaysia, David Fung
8:Contract Formation in Singapore, Tan Chen Han
9:Contracts for the Benefit of Third Parties: Singapore Law Perspectives, Burton Ong
10:Contract Formation in Hong Kong, Lusina Ho
11:Contract for the Benefit of Third Parties: Hong Kong, Lee Mason
12:Formation of Contract in Japan, Yoshikazu Yamashita
13:Contracts for the Benefit of Third Parties in Japan, Masami Okino
14:Contract Formation and Third Party Beneficiaries in Korea, Kwon Youngjoon
15:Contract Formation in Taiwan, Wu Ying Chieh
16:Contracts for the Benefit of Third Parties Under the Taiwan Civil Code, Sheng-Lin Jan
17:Formation of Contract and Third Parties, Ly Tayseng
18:Formation of Contract and Stipulations for Third Parties in Indonesia, Gary F Bell
19:Formation of Contract, Enforceability, and Pre-contractual Liability in Thailand, Pattarapas Tudsri and Angkanawadee Pinkaew
20:Third Party Beneficiaries in Thai Contract Law, Pattarapas Tudsri and Angkanawadee Pinkaew
21:Contract Formation and Contract for the Benefit of a Third Party in Vietnam, Le Net
22:Formation and Third Party Rights in the Myanmar Law of Contract, Adrien Briggs and Andrew Burrows
23:Conclusion, Alexander Loke