The Western influence came mainly from the German tradition and sporadically from French, Soviet and Roman law. American law is a significant source of inspiration for Chinese corporate and securities law. There is an indirect connection to the doctrine governing fairness in contract law. As recognized by leading Chinese scholars such as He Jian, Han Shiyuan and Wang Yi, the Chinese doctrine of ‘obvious unfairness’ is like the American doctrine of ‘unconscionability’.
‘Obvious unfairness’ and ‘Unconscionability’: an (Indirect) American connection to Chinese contract law
Gordley, JamesWriting – Original Draft Preparation
;Jiang, Hao
Writing – Original Draft Preparation
2024
Abstract
The Western influence came mainly from the German tradition and sporadically from French, Soviet and Roman law. American law is a significant source of inspiration for Chinese corporate and securities law. There is an indirect connection to the doctrine governing fairness in contract law. As recognized by leading Chinese scholars such as He Jian, Han Shiyuan and Wang Yi, the Chinese doctrine of ‘obvious unfairness’ is like the American doctrine of ‘unconscionability’.
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