Contract Law and Interpretations of Judicial Practice (Volume 1 and 2)

Author: Tang Huade
Publisher:
Publishing Date: 2004-04-01
Features: Selects typical difficult and challenging cases, adopting a unique format with "Preface," "Main Legal Issues in This Case," "Case Introduction and Trial Results," and "Analysis of the Ning Case." Combining the latest contract practices, it explains the main provisions and systems of the General Principles of Contract Law through the form of case law. It integrates legislative intent with judicial interpretation, contract theory with case analysis, difficult issues with legal application, and presents the latest work on the General Principles of Contract Law and judicial case analysis.
The birth of a unified General Principles of Contract Law is a major event in China's social and economic life and legal life. Although this law has been in effect for several years, from the perspective of its implementation, there are still many issues regarding the understanding and application of the legislative spirit and provisions of the Contract Law, as well as people's awareness of contracts. To deeply study and implement the Contract Law and strengthen people's contract awareness, experts and scholars from legislative, judicial, and law enforcement departments jointly compiled this series of "Practical Series on Contract Law and Judicial Interpretations."
"Practical Series on Contract Law and Judicial Interpretations—Judicial Practice" is one of the books in this series. This book comprehensively and systematically explains the substantive and procedural issues of contract adjudication in two volumes, combining the Contract Law and relevant regulations, the Civil Procedure Law and relevant judicial interpretations (including the Supreme People's Court's judicial interpretation on civil evidence).
In the substantive part of contract adjudication, it provides discussions on various aspects of contract cases that frequently arise in practice, such as the legal characteristics, causes, and types of contract disputes, the rights and obligations of parties, the validity and termination of contracts, the assumption of liability for breach of contract, the handling of disputes, and issues that should be particularly noted in judicial practice.
In the procedural part of contract adjudication, it explains the relevant procedures at each stage of litigation, special procedures, execution procedures, and special provisions for foreign-related procedures; the management of contract dispute litigation, the determination of the status of parties, the use of evidence, preservation and interim measures, and coercive measures; and provides targeted interpretive studies on the determination of major issues in contract litigation.
As one of the latest published books on contract adjudication practice in China, this book is characterized by its comprehensive and systematic content, novelty and practicality, scientific format arrangement, and strong practicality. It is hoped that it will become a good teacher and friend for readers to understand and apply the Contract Law.