Peng Guo – författare

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on those decided from 2013 to 2016. During this period, the number of cases grew fast compared to 2010 to 2012 covered in volume 3. The growth in the total number reflects that parties might become more familiar with the CISG and therefore decided not to opt out of it; in addition, the case collection and report systems in China at that time were developing very fast, rendering many cases easily accessible.

This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case-by-case basis. For each case, an English summary of the judgment will be provided. In the comment, the People’s Courts’ approach to the interpretation and application of the CISG will be discussed. Comments of the individual case will be written either by scholars, or judges or lawyers from international and comparative perspectives to discuss the successes and pitfalls of the interpretation and application of the CISG in China.

These selected cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in the future.

This book adopts a comparative and empirical approach to the discussion relating to the subject matter. The book compares various selected topics in both China and Australia, drawing attention to historical, contemporary, and international characteristics. Also, in discussing the topics, the authors will conduct surveys and interviews to get first-hand materials and describe the real situations in both countries. To the best knowledge of the authors, this is the first time that this approach has been adopted to compare legal education and the legal profession focusing on China and Australia. 

This book introduces legal education and the legal profession in China and Australia to lay a foundation based on which it further compares them. More importantly, this book discusses some selected topics relating to legal education and the legal profession in the context of globalization, the digital age, and COVID-19.

The intended readership is an international audience including students at both undergraduate and graduate levels, legal scholars, and legal practitioners in general, and those in China and Australia in particular.

This book intends to analyse the discourse of legal education and identify and create innovative ways of teaching and learning the law in China and Australia. It focuses on research, theory, and practice within legal education and the legal profession based on imaginative and sophisticated educational thinking from an empirical and comparative perspective. It also takes a broad view of theory and practice relating to legal education and the legal profession. It is sensitive to the diversity of contexts in which law is taught, learned, and practised. 

This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm’s length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible.

This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People’s Courts’ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.

The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods.

As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains whyand how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG.

Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation.

Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.