Contents of Contracts and Unfair Terms

Mindy Chen-Wishart and Stefan Vogenauer (eds), Volume III of Studies in the Contract Laws of Asia (Oxford University Press 2020)

Studies in the Contract Laws of Asia is a project involving more than 50 Asian scholars. All six volumes pursue three objectives. First, they intend to gather reliable information on the contract laws of the jurisdictions involved. Secondly, they attempt a first tentative comparison of these contract laws. Thirdly, they wish to shed light on the relationship between the Asian laws involved and their respective European source jurisdictions. The third of these objectives adds a strongly historical dimension to the comparative exercise. It requires a nuanced study of the legal transfers from English, French and German law that can be observed to various degrees in all the Asian jurisdictions covered in the series.

Volume III deals with the contractual interpretation and the policing of 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 written by lawyers from the respective jurisdiction. Stefan Vogenauer’s concluding chapter draws out the convergences and divergences, with a specific focus on legal transfers.