Control of Standard Business Terms: A Comparison Between the Systematic Approach of ?? 305 Ff. Bgb and Art. 496-498 of the Chinese Civil Code

ISBN-13: 9783631897546 / Angielski

Shuai Huang

Opis

This book offers a comparison between Chinese and German regulations on control of standard business terms with the background of the new Chinese Civil Code. It shows the similarities and differences between the German and Chinese regulations and relevant judicial practices over control of standard business terms. This book also discusses how to interpret the Chinese content control rules and how to differentiate B2B and B2C contracts in control of standard business terms based on the legal comparison.

Spis treści

Introduction - Chapter 1: A Comparison Between German Law and Chinese Law on Control of Standard Business Terms - Chapter 2: The Problem Shared by Germany and China: Differentiating Between B2C Contracts and B2B Contracts - Chapter 3: The Unique Problem of the Chinese Civil Code and Its German Solution: The Typical Criteria of Content Control - Chapter 4: A Frame for the Differentiation Between the Control of B2C and B2B Standard Business Terms - Chapter 5: An Interpretation of Art. 497 CCC Based on the Experience of 307 II BGB - Conclusion - References - Index

O autorze

Shuai Huang is a doctoral candidate of law under the supervision of Prof. Hinrich Julius at University of Hamburg with a scholarship from the China Scholarship Council. He passed the oral defense of his doctoral dissertation with the grade "magna cum laude" on 27.10.2022. The main field of his doctoral study is private law and comparative law. The other fields of his research include European and international law, law and economics, legal theory, and international relationships. Shuai Huang got a master's degree in Chinese civil and commercial law from China's University of Political Science and Law. He got another master's degree in European and international law from University of Hamburg. He passed the National Judicial Examination of China in 2013.