Interpretation of Contracts and Control of Unfair Terms in Asia: A Comparison
Giới thiệu và chia sẻ tài liệu
Đây là phần III (tải miễn phí bản có bản quyền trên SSRN ở đây) của chuỗi nghiên cứu có tên là Studies in the Contract Laws of Asia:
The six-volume series Studies in the Contract Laws of Asia edited by Professors Mindy Chen-Wishart (Oxford University) and Stefan Vogenauer. Published with Oxford University Press, it provides an unprecedented account of the contract law regimes of selected Asian jurisdictions, including the continent’s major centres of commerce, on which so far only very limited critical commentary has been available in the English language. The coverage extends to Cambodia, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, the Philippines, Singapore, Taiwan, Thailand and Vietnam
Phần III này được tóm tắt như sau:
With regard to both the interpretation of contracts and the control of unfair terms, the various legal sources and their ‘Western’ sources of inspiration are described, questions of classification and terminology discussed, and the major substantive issues that arise across legal systems examined.
và
The latter include the dichotomy of ‘subjective’ and ‘objective’ approaches to contractual interpretation; the admissible aids to interpretation, such as customs, usages, the commercial background, good faith, and the negotiations of the parties; the conflict between ‘literalist’ and ‘contextualist’ approaches, particularly with regard to gap-filling by way of implication of terms or ‘supplementary interpretation’; the ‘covert’ judicial control of unfair terms under general contract law doctrines, such as incorporation, interpretation, and the rules on procedural unfairness; the open control based on specific legislation on either particular types of term, unfair standard terms, or consumer contracts, and the supporting enforcement mechanisms.
(Phần II “Formation and Third Party Beneficiaries” có bài của Ls Lê Nết “Contract Formation and Contract for the Benefit of a Third Party in Vietnam”.)