Download this Paper Open PDF in Browser

Freedom of Contract With Chinese Legal Characteristics: A Closer Look at China's New Contract Law

26 Pages Posted: 3 Jun 2007  

Mo Zhang

Temple University - James E. Beasley School of Law

Abstract

The enactment of the Contract Law of the People's Republic of China in 1999 not only marked an end of China's "triarchy" period of contract law legislation, but also to certain extent implicated official recognition of freedom of contract - a concept once deemed an enemy of socialist ideology in the country. The most notable features of the Chinese Contract Law include (a) a hybrid of civil and common law traditions, (b) a move toward market economy from the planned economy, and (c) incorporation of provisions of international treaties. Although freedom of contract is allowed, the parties' contracting power is limited by such hurdles as the state plan mandate and government approval, as well as administrative supervision. In addition, there are still many issues that are left unsolved, e.g., third party interests.

Keywords: Chinese Law, Contracts

Suggested Citation

Zhang, Mo, Freedom of Contract With Chinese Legal Characteristics: A Closer Look at China's New Contract Law. Temple International & Comparative Law Journal, Vol. 14, 2000. Available at SSRN: https://ssrn.com/abstract=989970

Mo Zhang (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

Paper statistics

Downloads
574
Rank
38,499
Abstract Views
2,174