碩士 / 世新大學 / 法律學研究所(含碩專班) / 91 / In recent years, Mainland China has become the target country, where Taiwanese businessmen invest their money in. However, due to the different law systems and political entities adopted in Taiwan and Mainland China, many Taiwanese businessmen encounter civil disputes in the process of investment. Therefore, this study explores the law of sales in the new Law of China (CLC) and Taiwan’s counterpart articles of contract law in Civil Code. To have a thorough understanding of the development of Mainland China’s contract laws, this study first describes the features of China’s socialism and centralized planned economy with a focus on their impacts on China’s legal system formation. Next, it introduces the concepts and definitions of contracts in China. As well, it details the CLC’s implementing settings, enacting purposes and significant changes from the former contract laws. Then, it discusses the scope of application of the CLC, the meanings and characteristics of the sales contract, and the basic principles governing a contract formation. Following that, it examines the differences in the performance of sales contracts in Mainland China and Taiwan in terms of both the seller’s and the buyer’s rights and obligations, the seller’s risk of loss, and the warranty and quality issues. It does so through first contrasting the CLC’s relevant provisions with Taiwan’s counterpart contract law articles in Civil Code and then through law case analysis. In the subsequent chapter, it analyzes the liabilities for breach of contract in Mainland China and Taiwan. Finally, it concludes with seven suggestions for Taiwanese businessmen who are to sign a sales contract in Mainland China.
| Identifer | oai:union.ndltd.org:TW/091SHU05194002 |
| Date | January 2003 |
| Creators | CHI WEN-KAI, 紀文凱 |
| Contributors | none, 李復甸 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 259 |
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