Search results for ""Normann Witzleb" "Contract Law in Changing Times""

Book SynopsisThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters Table of ContentsPart A. Pacta sunt servanda in changing times1 Pacta sunt servanda, the common law, and Hong KongStephen Hall2 Exceptions to pacta sunt servanda in the Chinese Civil Code Siyi Lin 3 In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.Célia F. Matias and Monica Chan4 Contracts in the time of COVID-19: common law and statutory solutions in SingaporeWayne Courtney5 The principle of pacta sunt servanda and its exceptions under Japanese contract lawTomohiro Yoshimasa6 Change of circumstances in Korean contract law: An exception to pacta sunt servandaBoeun ChangPart B. Pacta sunt servanda in specific contexts7 The property management service contract with Chinese characteristics: An exception to pacta sunt servanda?Jianbo Lou and Yimeng Ye8 Pacta sunt servanda in the age of cryptocurrency: The case of ChinaChao Xi9 Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servandaYalun Yen10 Pacta sunt servanda and the consumer’s right of withdrawalGeraint Howells11 Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunamiKingsley OngPart C. Pacta sunt servanda in international law12 Invoking COVID-19 to suspend or terminate the operation of a treatyHanh Hong Pham and Huong Thi Thu Phung13 Treaties and pacta sunt servanda: A shared concept for the PRC?Noble Po-kan Lo14 Pacta sunt servanda: Comfort letters in an age of instability and strategic rivalry Joel Slawotsky Part D. Conclusion15 Pacta sunt servanda – a maxim and its exceptions in comparative perspectiveNormann Witzleb

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Book SynopsisThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters Table of ContentsPart A. Pacta sunt servanda in changing times1 Pacta sunt servanda, the common law, and Hong KongStephen Hall2 Exceptions to pacta sunt servanda in the Chinese Civil Code Siyi Lin 3 In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.Célia F. Matias and Monica Chan4 Contracts in the time of COVID-19: common law and statutory solutions in SingaporeWayne Courtney5 The principle of pacta sunt servanda and its exceptions under Japanese contract lawTomohiro Yoshimasa6 Change of circumstances in Korean contract law: An exception to pacta sunt servandaBoeun ChangPart B. Pacta sunt servanda in specific contexts7 The property management service contract with Chinese characteristics: An exception to pacta sunt servanda?Jianbo Lou and Yimeng Ye8 Pacta sunt servanda in the age of cryptocurrency: The case of ChinaChao Xi9 Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servandaYalun Yen10 Pacta sunt servanda and the consumer’s right of withdrawalGeraint Howells11 Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunamiKingsley OngPart C. Pacta sunt servanda in international law12 Invoking COVID-19 to suspend or terminate the operation of a treatyHanh Hong Pham and Huong Thi Thu Phung13 Treaties and pacta sunt servanda: A shared concept for the PRC?Noble Po-kan Lo14 Pacta sunt servanda: Comfort letters in an age of instability and strategic rivalry Joel Slawotsky Part D. Conclusion15 Pacta sunt servanda – a maxim and its exceptions in comparative perspectiveNormann Witzleb

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