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A Comparative Analysis of Policing Consumer Contracts in China and the EU

A Comparative Analysis of Policing Consumer Contracts in China and the EU
Author: Jiangqiu Ge
Publisher: Springer
Total Pages: 325
Release: 2019-02-07
Genre: Law
ISBN: 9811329893
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This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

Legal Agreements on Smart Contract Platforms in European Systems of Private Law

Legal Agreements on Smart Contract Platforms in European Systems of Private Law
Author: Jasper Verstappen
Publisher: Springer Nature
Total Pages: 424
Release: 2023-06-23
Genre: Law
ISBN: 3031354079
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Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.

The Principles of BRICS Contract Law

The Principles of BRICS Contract Law
Author: Salvatore Mancuso
Publisher: Springer Nature
Total Pages: 444
Release: 2022-08-09
Genre: Law
ISBN: 3031008448
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This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Chinese Outbound Tourist Behaviour

Chinese Outbound Tourist Behaviour
Author: Jun Wen
Publisher: Routledge
Total Pages: 230
Release: 2022-06-23
Genre: Business & Economics
ISBN: 1000609073
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Assuming an international perspective, Chinese Tourist Outbound Behaviour presents an insightful exploration of the evolution of China’s tourism market, explores Chinese tourists’ behaviour, and considers how the country’s tourism landscape will expand in the future. Featuring 16 chapters compiled and written by industry experts representing 11 countries, this collection offers a vivid profile of Chinese tourists and the characteristics distinguishing them from other market segments. This book coincides with the growing interest in Chinese tourism and tourist behaviour as the top market in the world in terms of tourism spending and arrival numbers, presenting an overview of Chinese tourist segments and travel-related concerns to paint a clear picture of the market’s status. Chapters address the future of Chinese tourism, providing industry stakeholders an up-to-date view on this valuable market along with suggestions to best harness the market’s power. Providing an up-to-date exploration of numerous contemporary issues, this book will be valuable to a wide audience, including advanced students in tourism, hospitality and leisure and recreation studies and stakeholders, authorities, establishments and employees within the tourism industry. This book offers readers greater knowledge about the past, present and future of the Chinese outbound tourism market.

Teaching and Learning Chinese as a Foreign or Second Language: The Educational Psychology Perspective

Teaching and Learning Chinese as a Foreign or Second Language: The Educational Psychology Perspective
Author: Yang Frank Gong
Publisher: Frontiers Media SA
Total Pages: 318
Release: 2024-02-21
Genre: Science
ISBN: 2832545084
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Over the past two decades, Chinese as a foreign or second language (CFL/CSL) has been increasingly taught and learnt as an important language both within and outside China. Studies in the field have attempted to address deep-seated tensions between existing educational ideologies, concepts, strategies, and approaches and student learning process and performance, and between existent teaching methods and techniques and the globalization of Chinese language education.

AI Development and the ‘Fuzzy Logic' of Chinese Cyber Security and Data Laws

AI Development and the ‘Fuzzy Logic' of Chinese Cyber Security and Data Laws
Author: Max Parasol
Publisher: Cambridge University Press
Total Pages: 423
Release: 2021-12-16
Genre: Law
ISBN: 1009081101
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The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017–2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as 'fuzzy logic' in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

Contract Law

Contract Law
Author: Jan M. Smits
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2017-06-30
Genre: Contracts
ISBN: 178536877X
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This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Contents of Contracts and Unfair Terms

Contents of Contracts and Unfair Terms
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Total Pages: 689
Release: 2020-11-30
Genre: Law
ISBN: 0192590790
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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 III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters: the first deals with the contents of contracts and how contractual terms are identified and interpreted; the second deals with unfair terms, the situations where the law will interfere in matters of 'unfairness' relating to contract terms, and legal responses to unfair terms.

Chinese Contract Law

Chinese Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
Total Pages: 545
Release: 2017-10-26
Genre: Law
ISBN: 1107176328
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A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Global Trends 2040

Global Trends 2040
Author: National Intelligence Council
Publisher: Cosimo Reports
Total Pages: 158
Release: 2021-03
Genre:
ISBN: 9781646794973
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"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.