A comparison the United States law of contracts with the law of contracts of the People's Republic of China.
California Comparison of Contract Law of the People's Republic of China with The United States
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The legal structure is codified into the Six Codes: the Constitution, the Civil Code, the Code of Civil Procedures, the Criminal Code, the Code of Criminal Procedures and in Administrative Laws.
Persons which creates in the parties reciprocal legal obligations to do or not to do particular things. Formal and simple Contract: This contract involves written documents, signed by parties, sealed. It does not necessarily involve consideration once it is signed and sealed except they agree on consideration.
The 5 elements of a legally binding contract are made up of:An offer.Acceptance,Consideration.Mutuality of obligation.Competency and capacity.
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure.
China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries.
Some scholars believe that given China's socialist and non-democratic political system and practice, it is at best regarded as a country of rule by law with law used by the state as an instrument for social control.
China adopts a socialist legal system with Chinese characteristics. The system consists of legislative, executive, judicial and legal supervision organs.
The first Chinese law to carry the title "code" since the founding of the People's Republic of China in 1949, the Civil Code is expected to comprehensively strengthen the protection of people's various rights and improve the Chinese socialist system of laws.
7 Elements of Valid Contracts: What to Include to Make Things LegalLegality: What Laws Will Apply?Capacity: Are the Parties Fit to Enter an Agreement?Offer: What Is Being Proposed?Consideration: What's in it For You and the Other Parties?Intention: Are the Parties Interested in Partnering Together?More items...?
Anytime an individual, business, or other entity agrees to take action, or to make an exchange or payment for something of value, a contract has been created. Examples of such agreements in business include bills of sale, purchase orders, and employment agreements.
