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Contract Law in Changing Times

Asian Perspectives on Pacta Sunt Servanda

Pocket
Engelsk
Markets and the Law
Contract Law in Changing Times
Contract Law in Changing Times
  • Format: Pocket
  • Antall sider: 312
  • Språk: Engelsk
  • Forlag/Utgiver: SD Books
  • Serienavn: Markets and the Law
  • EAN: 9781032414867
  • Utgivelsesår: 2022
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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. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness.

This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters