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A Comparative Study of Contract Formation and Breach of Contract and Liability in China and Ohada (Note 1) Space Contract Laws

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Author(s): Moussa Sékou TRAORE | Yongping XIAO

Journal: Journal of Politics and Law
ISSN 1913-9047

Volume: 4;
Issue: 2;
Date: 2011;
Original page

ABSTRACT
Chinese politicians and businessmen and their African counterparts are improving economic and commercial relations between them. This manifest interest of partnership needs a legal framework which guarantees equal and fair advantages to both parties. To reach this global aim, China and Africa must develop their collaboration in the domain of law. In the 80s China has adopted laws to reflect the country's economic and social demands such as Economic Contract Law (1981), Foreign Economic Contract Law (1985), General Principles of Civil Law (1987). Now, to better facilitate economic growth the National People's Congress (NPC) has unified China's various national specialized contract laws to obtain the “Uniform” Contract Law 1999. OHADA is a system that aims the harmonization of business law in Africa. This study aims to compare the two systems contract formation, breach of contract and liability for breach in order to have a legal frame more appropriate for business between China and this part of African Continent.
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