Setting the Contract Aside: Comparative Perspectives – Shanghai, 22 August 2014

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Setting the Contract Aside: Comparative Perspectives

The aim of this workshop is to take stock of the different ways in which a contract can be set aside. Different legal doctrines exist to help a ‘disappointed’ party. These doctrines range from the age-old mistake and misrepresentation and incapacity to newer techniques such as avoidance for undue influence and withdrawal rights. The topic has regained importance as a result of the recent enactment of the new Chinese Consumer Code (in China) and the consolidation of consumer rights in the new Consumer rights directive (in Europe). On the background is the lingering tension between contractual autonomy and protection of a supposedly weaker party. At this one-day workshop, colleagues from both China and Europe will discuss present developments. Each session consists of 20 minutes per speaker, followed by 20 minutes of discussion.

The workshop is organised by the Maastricht European Private Law Institute (M-EPLI) in cooperation with East China University of Politics and Law (ECUPL).

(Shanghai, Friday 22 August 2014; No. 4 Conference Room, Jiaoyi Building; No. 1575, Wanhangdu Road, East China University of Politics and Law)

Programme 

10.00-10.15

Welcome and introduction

– Prof. Dr. Jan Smits and Prof. Dr. Keke Jin

10.15-11.15

Avoidance for mistake and misrepresentation

– Dr. Xuxu He (Assistant Researcher at ECUPL; Ph.D., Ludwig Maximilian University of Munich)

– Catalina Goanta (Ph.D. Researcher at M-EPLI, Maastricht University; LL.M., M.Sc., Maastricht University)

– Discussion

11.15-12.15

Avoidance for undue influence

– Jiangqiu Ge (Ph.D. Researcher at M-EPLI, Maastricht University; LL.M., Tsinghua University)

– William Bull (Ph.D. Researcher at M-EPLI, Maastricht University; LL.M., Maastricht University)

– Discussion

12.15-13.30

Lunch

13.30-14.30

Avoidance for legal incapacity

– Prof. Dr. Keke Jin (Director of ECUPL Civil and Commercial Law Institute and German Private Law Institute; Professor at ECUPL; Ph.D., Chinese Academy of Social Science)

– Prof. Dr. Jan Smits (Director of M-EPLI; Professor at Maastricht University; Visiting Professor at University of Helsinki; Ph.D., Leiden University)

– Discussion

14.30-15.30

Withdrawal rights

– Dr. Wenjie Zhao (Assistant Researcher at ECUPL; Ph.D., Tsinghua University)

– Mark Kawakami (Ph.D. Researcher at M-EPLI, Maastricht University; J.D., University of Minnesota; LL.M., Tilburg University)

– Discussion

15.30-16.00

The termination paradox

– Willem Loof (Ph.D. Researcher at MEPLI, Maastricht University; LL.M., Maastricht University)

– Discussion

16.00-16.30

Conclusions

 

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