Western contract law and the principle of freedom of contract are based on two premises: private ownership and a free market. This paper argues that freedom of contract is not applicable to Chinese state-owned enterprises due to the unique economic conditions surrounding Chinese SOEs:...

The Chinese Civil Code was enacted on May 28, 2020 and will become effective on January 1, 2021 as the first civil code in the Communist China. Half a century of codification effort finally resulted in this much anticipated code. It utilized state-of-the-art codification techniques and presents...

Pure economic loss has been a frontier tort law issue both in Europe and the United States. There are two rules to follow: one would exclude pure economic loss from recovery; the other would allow it. It totally depends on the jurisdiction one is in. However, the mystery is that one cannot...

This article is on the hidden state interest that article 52(§1) of the Chinese Contract Law protects and the questionable applicability of freedom of contract to Chinese state-owned enterprises (hereafter “SOEs”). In common law, fraud and duress make a contract voidable. In Western civil...

Upon the enactment of Chinese Civil Code, the previous rules that allowed for enlarged state power to annul contracts such as General Principles of Civil Law article 58 §3 and Contract Law article 52 §1-§2 were dropped. Chinese law has gone one step further in promoting freedom of contract....

This article raises three doctrinal myths within Chinese tort law upon the enactment of Chinese Civil Code. These myths led to difficulties in understanding Chinese tort law. More specifically, it is unclear what is the exact scope of rights protected under tort law, if personality rights claim...

"This unique book explores the wide range of views of Britons in China from the late 1700s to the 1840s as they chafed under the restrictions imposed by the Canton System. Carroll brings a seminal period in the Chinese-British relationship, which revolved around tea and opium, to vivid life...