Formation and Third Party Beneficiaries

ISBN : 9780198808114

Mindy Chen-Wishart
688 Pages
171 x 246 mm
Pub date
Jan 2018
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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.


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

About the author: 

Mindy Chen-Wishart is a Professor of the Law of Contract at Oxford University and a Tutorial Fellow in Law at Merton College, Oxford.; Alexander Loke is Professor of Law at the City University of Hong Kong. ; Stefan Vogenauer is the Director of the Max Planck Institute for European Legal History, Frankfurt.

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