Comparative Contract Law in East Asia.ppt

Comparative Contract Law in East Asia Bor-shan Lin The Master Said Confucius said: Is it not pleasant to learn with a constant perseverance and application (practice)? Is it not delightful to have friends coming from distant quarters? Is he not a man of complete virtue, who feels no discomposure though others may take no note of him?(Confucian Analects, First Chapter, Learning) Function of the Law Confucius said: If the people are led by laws and uniformity is sought to be given them by punishments, the people may avoid the punishment but they will have no sense of shame. If they are led by virtue and uniformity is sought to be given them by the rules of propriety, they will have the sense of shame and moreover will become good (conscientious improvement).(Confucian Analects, Second Chapter, Exercising Governance) Sources of Contract Law and their Hierarchy Sources of law Formal source of law Enacted law Constitution Statutes Administrative Regulations and ordinances Regulations made by autonomous entity International Treaty Non-enacted law Judicial precedents Judicial interpretation Explanation made by administrative branch Non-formal source of law Customary law Legal principles of law Jurisdictions in East Asia Greater China Mainland China (PRC) Macau (PRC) Hong Kong (PRC) Taiwan (ROC) Japan Korea PRC Contract Law The Constitution Statutes Basic Law (enacted by NPC) The General Principle of Civil Law (GPCL)(1986) Contract Law The Tripod of Contract Law (1981~1999) Economic Contract Code (ECL)(1981) Foreign Economic Contract Code (FECL)(1985) Technology Contract Code (TCL)(1987) Unified Contract Law (after 1999) Contract Code (1999) Other Laws (enacted by NPCSC) Advertisement Law Product Quality Law Consumer Rights and Interest Protection Law Labor Law Maritime Law Insurance Law Copyright Law Patent Law Security Law Administrative Regulations Ministerial Rules Authoritative Interpretation Legislative interpretation Judicial interpretation Local Regulatio