‘Setting the contract aside’ – Shanghai, 22 August (brief review)

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A rather numerous MEPLI delegation attended the workshop “Setting the Contract Aside: Comparative Perspectives”, taking place at the East China University of Politics and Law on Friday 22 August. The workshop focused on mapping the different remedies that are available in contracts challenged by defects of consent in various jurisdictions, both European and Chinese, and it was designed to encourage comparative discussions.

The list of presentations: Xuxu He – Avoidance for mistake and misrepresentation; Catalina Goanta – Unfair contract terms in European private law; Jiangqiu Ge – Undue influence in China; William Bull – Undue influence in European law; Keke Jin – Legal Capacity in Chinese law; Jan Smits – Avoidance for legal incapacity; Wenjie Zhao – The right of withdrawal and its problems in China; Mark Kawakami – On withdrawal rights; Willem Loof – The termination paradox. Some interesting points drawn from the discussions: the proximity of Chinese private law to German law leading to similarities with European jurisdictions; the question of whether mandatory consumer rights are necessary in Europe and China; the English underpinnings of some Chinese defects of consent (e.g. misrepresentation, undue influence, etc.).

The conclusion, in the words of Jan Smits: “Perhaps we have more in common than we thought – the Chinese and the European approaches seem to be very similar.”

More photos from the event are available on MEPLI’s Facebook page.

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