Bøger af Shuai Huang

This book offers a comparison between Chinese and German regulations on control of standard business terms with the background of the new Chinese Civil Code. It shows the similarities and differences between the German and Chinese regulations and relevant judicial practices over control of standard business terms. This book also discusses how to interpret the Chinese content control rules and how to differentiate B2B and B2C contracts in control of standard business terms based on the legal comparison.

China has established a uniform set of rules concerning content control of standard business terms, to which both B2B and B2C contracts are subject. How do the Chinese rules for the judicial review of the content of standard business terms, contained in the Chinese Civil Code, apply to B2B contracts? The issue of standard business terms in B2B contracts between Internet platforms and enterprises has received widespread attention in China. Chinese courts have to respond to the question of the validity of B2B contract standard business terms under private law. In this book, the goal of the author is to propose a justifiable and feasible solution for the application of uniform content control rules to B2B contracts. The author aims to analyze the judicial review paths adopted by Chinese judicial rulings on the standard business terms of B2B contracts. On this basis, the author will strike a balance between respecting business freedom and protecting the rights and interests of the contracting party facing standard business terms in the differentiated application of the uniform content control rules.

Highlights a combination of two aspects: technical concreteness and holistic thinking. Authors discuss what principles are used to invent these techniques, what assumptions are made, how mathematics is used to articulate these assumptions, and how these formulations generalize a range of real-world applications into generic and abstract forms.