1st Edition

Contract Law in Changing Times Asian Perspectives on Pacta Sunt Servanda

Edited By Normann Witzleb Copyright 2023
282 Pages
by Routledge

282 Pages
by Routledge

282 Pages
by Routledge

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda . This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable.... Read more

Part A. Pacta sunt servanda in changing times

1 Pacta sunt servanda, the common law, and Hong Kong

Stephen Hall

2 Exceptions to pacta sunt servanda in the Chinese Civil Code

Siyi Lin

3 In a Bubble by the Sea: COVID-19, Time and Contract Law in the Macau S.A.R.
Célia F. Matias and Monica Chan

4 Contracts in the time of COVID-19: common law and statutory solutions in Singapore

Wayne Courtney

5 The principle of pacta sunt servanda and its exceptions under Japanese contract law

Tomohiro Yoshimasa

6 Change of circumstances in Korean contract law: An exception to pacta sunt servanda

Boeun Chang

 

Part B. Pacta sunt servanda in specific contexts

 

7 The property management service contract with Chinese characteristics: An exception to pacta sunt servanda?

Jianbo Lou and Yimeng Ye

8 Pacta sunt servanda in the age of cryptocurrency: The case of China

Chao Xi

9 Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servanda

Yalun Yen

 

10 Pacta sunt servanda and the consumer’s right of withdrawal

Geraint Howells

11 Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunami

Kingsley Ong

 

Part C. Pacta sunt servanda in international law

 

12 Invoking COVID-19 to suspend or terminate the operation of a treaty

Hanh Hong Pham and Huong Thi Thu Phung

13 Treaties and pacta sunt servanda: A shared concept for the PRC?

Noble Po-kan Lo

14 Pacta sunt servanda: Comfort letters in an age of instability and strategic rivalry

Joel Slawotsky

 

Part D. Conclusion

15 Pacta sunt servanda – a maxim and its exceptions in comparative perspective

Normann Witzleb

Biography

Normann Witzleb is an associate professor at The Chinese University of Hong Kong, Faculty of Law, where he chairs the Obligations Lab Asia in the Centre for Comparative and Transnational Law. He is also an adjunct associate professor at Monash University Australia, Faculty of Law.

Professor Witzleb has published widely on private law, in particular torts and remedies, as well as on privacy and data protection law.