Conclusion of Contract in China's New Civil Code - A comparative study in relation to China’s New Civil Code

Abstract: China has adopted a new Civil Code, which is a newly updated and modern legislation. The Code consists of seven parts, and the part regarding contracts consists of 526 articles, which is the most significant part of all seven. Technological development all over the world has changed the way how contracts are concluded. The purpose of this thesis is to get clarity and a better understanding of how Chinese contracts are concluded. Chinese contract law has been put into perspective in relation to contract law in two other countries, Sweden and the United Kingdom. In order to highlight the similarities and differences between the regulation of conclusion of contracts in China versus Sweden and England, a comparative method has been used. The research has shown that Chinese contract law corresponds with Swedish and English contract law to a great extent. Contract law principles that have emerged from case law in Sweden and England have been incorporated into the Chinese Civil Code. For foreign jurists and people in business, the Code can be seen as a simplification of the other countries’ contract law. The Codes modern and detailed formulating of articles show that the technological elements that exist in today’s commercial trade have been taken into consideration.