Course Syllabus of Zhongnan University of Economics and Law
Course Title: Guide to Chinese Contract Law | ||||
Course Code | 41063029 | Semester | 2 | |
Teaching Hours | 48 | Credits | 3 | |
Prerequisites | Law English; Civil Law Overview | |||
Instructor Information | ||||
Name | 张作华 | Z0001016@zuel.edu.cn | ||
Institute | Law school of Zhongnan University of Economics and Law | |||
Applicable Object | International Students | |||
Course Objectives | This programe aims to help the foreign students (especially for those from traditional common law systerm countries) to obtain a general and systematic understanding of the theory and practice of Chinese contract law. This course focuses on brief introduction to the new contract regulations in the era of China's Civil Code. At the end of the course, participants will be able to interpret the basic principles and important systems of contract law, and be able to compare and study the Chinese contract law system with the contract system of their home country or region.
| |||
Course Description (200 words) |
This course will try to teach those foreign students to understand Chinese story in the field of contract law, mainly based on the provisions of the Chinese Civil Code and relevant judicial interpretations. The course exercises text explaining and theoretical guidance teaching methods. The program chooses some important systems and basic principles and concentrates upon constructing a cognitive system of Chinese contract law.
| |||
Assessment Methods |
interactive performance in course delivery; Write a final study report
| |||
Textbooks and References |
1. 《Commentary to the Civil Code: Contract Part》 2. 《Introduction to Anglo-American Contract Law》
| |||
Course planning | ||||
Chapter 1 Overview | Topic1: Legislative evolution of China's contract law Topic2: The system and characteristics of the contract law of the Civil Code Topic3: The concept of contract and the application of contract law | |||
Chapter 2 Formation | Topic1: Offer Topic2: Acceptance Topic3: Establishment of a contract | |||
Chapter 3 Validity | Topic1: Concluding requisites Topic2: Effectivity requisites Topic3: Validation requisites Topic4: Contract conversion
| |||
Chapter 4 Performance | Topic1: Performing principle Topic2: Performing regulation Topic3: Performing defence
| |||
Chapter 5 Preservation | Topic1: Revocation Topic2: Subrogation
| |||
Chapter 6 Assignment | Topic1: Assignment Topic2: Debt Obligation Topic3: Overall Transfer
| |||
Chapter 7 Termination | Topic1: Settlement Topic2: Offset Topic3: Deposit Topic4: Exempt Topic5: Confusio
| |||
Chapter 8 Rescission | Topic1: Overview Topic2: General Rescission Topic3: Special Rescission
| |||
Chapter 9 Liability for breach | Topic1: Breach Model Topic2: Key component Topic3: Specific Performance Topic4: Compensation Topic5: Liquidated damages Topic6: Mitigation | |||
