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Modern European and Chinese Contract Law
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In modern contract law, party autonomy as expressed in the idea of the freedom of contract is a fundamental principle that people have struggled for centuries to realize. Both China and Europe exhibit this tendency, although in distinct ways that are deeply rooted in the two regions' historical and cultural backgrounds. In Europe, freedom of contract is limited by principles of good faith, fair dealing, social justice, and fundamental rights. In China, the traditional notion of contract 'voluntariness' is understood broadly to include collective interests and interests of the state - restrictions that can appear to undermine the very notion of 'freedom of contract'. But the situation is far from that simple, as this unique book superbly demonstrates.
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