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1

United States. Congress. House. A bill to amend title II of the Social Security Act to provide for Medicare coverage of individuals receiving a heart transplant. Washington, D.C: U.S. G.P.O., 2008.

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2

Watson, Alan. Legal transplants: An approach to comparative law. 2nd ed. Athens: University of Georgia Press, 1993.

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3

Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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Jessel-Holst, Christa. Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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Jessel-Holst, Christa. Private law in Eastern Europe: Autonomous developments or legal transplants? Tübingen: Mohr Siebeck, 2010.

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6

Mertus, Julie. From legal transplants to transformative justice: Human rights and the promise of transnational civil society. Atlanta, Ga: Claus M. Halle Institute for Global Learning, Emory University, 1999.

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Hikakuhō kenkyū no shindankai: Hō no keiju to ishoku no riron = A next stage of studies of comparative law : for theories of reception of law and legal transplants. Tōkyō: Waseda Daigaku Hikakuhō Kenkyūjo, 2003.

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8

Schacherreiter, Judith. Das Landeigentum als Legal Transplant in Mexiko. Mohr Siebeck, 2014. http://dx.doi.org/10.1628/978-3-16-153047-0.

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9

Bartie, Susan, and David Sandomierski, eds. American Legal Education Abroad. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479803583.001.0001.

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Throughout the twentieth century, elite US law schools have been presented as sites of power, admiration, influence and envy. Robert Stevens, in the opening of his seminal 1983 work Law School, suggested that foreign lawyers looked wistfully at elite US law schools. At a time when US political institutions—and even law schools—seem to have lost much of their former global luster, this book investigates whether in reality the elite US models ever proved so attractive to foreigners. Collectively the contributions cast doubt on traditional narratives that point toward the globalization or homogenization of legal education. They challenge the idea that many educators beyond the United States believed that the adoption of American models would lead to better legal education and scholarship, better legal systems, better lawyers, and better governance. And they illuminate the cultural and political significance of attempts to transplant US models. The book consists of historical examinations of American contacts within legal education in fourteen countries: China, Japan, Israel, the Philippines, Nigeria, Kenya, Ghana, France, Brazil, Sweden, Estonia, England, Australia, and Canada. And it includes critical commentary from two leading American law professors, along with a founding chapter from Bruce Kimball, the leading historian of Harvard Law School.
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Breda, Vito, ed. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108605991.

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11

Breda, Vito. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2021.

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12

Breda, Vito. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2019.

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13

Breda, Vito. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2019.

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14

Breda, Vito. Legal Transplants in East Asia and Oceania. Cambridge University Press, 2019.

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15

Chen-Wishart, Mindy, Alexander Loke, and Stefan Vogenauer, eds. Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.001.0001.

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Myanmar, and Indonesia. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
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16

Chen-Wishart, Mindy, and Stefan Vogenauer, eds. Contents of Contracts and Unfair Terms. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850427.001.0001.

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume III of this series deals with the contents of contracts and unfair terms in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters; the first deals with the contents of contracts, while the second deals with unfair terms.
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17

Kviatek, Beata. Explaining Legal Transplants: Transplantation of EU Law into Central Eastern Europe. Wolf Legal Publishers, W.L.P., 2015.

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18

Chen-Wishart, Mindy, Hiroo Sono, and Stefan Vogenauer, eds. Invalidity. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192859341.001.0001.

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Abstract Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the influences affecting and mechanisms of these developments. The many points of convergence and divergence (in both form and in substance) emerge. These provide good starting points for regional harmonization projects. Volume IV of this series deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam. Typically, each jurisdiction is covered in two chapters; the first deals with erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.
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19

Collins, Justine K. Tracing British West Indian Slavery Laws: A Comparative Analysis of Legal Transplants. Routledge, 2021.

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20

Kaneko, Yuka. Insolvency Law Reforms in Asian Developing Countries: An Epitome of Legal Transplants. Springer Singapore Pte. Limited, 2022.

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21

Collins, Justine K. Slavery and Law in British West Indies: A Comparative Analysis of Legal Transplants. Taylor & Francis Group, 2021.

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22

Collins, Justine K. Slavery and Law in British West Indies: A Comparative Analysis of Legal Transplants. Taylor & Francis Group, 2021.

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23

Collins, Justine K. Slavery and Law in British West Indies: A Comparative Analysis of Legal Transplants. Taylor & Francis Group, 2021.

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24

Birnhack, Michael, and Amir Khoury. The Emergence and Development of Intellectual Property Law in the Middle East. Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.19.

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The Eurocentric term “Middle East” captures the historical sources and emergence of intellectual property (IP) in this region. Early colonial influences had a long-lasting effect. In the mid-1990s the global replaced the colonial, imposing new demands. Both the colonial and globalized IP frameworks have allowed only a narrow leeway for the expression of local interests. This chapter explores the emergence and development of IP law in the Middle East as a case of a western legal transplant, and focuses on Egypt, Israel, the Palestinian Authority, Jordan, Saudi Arabia, and the United Arab Emirates. Instead of a technocratic doctrinal approach that compares local law to international standards and asks about “compliance,” it advocates a richer evaluation. In assessing IP laws against global standards, it suggests contextualizing the local law within the country’s larger legal framework to take into consideration its political economy, local and global politics, and unique cultural needs.
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25

Alter, Karen J., and Laurence R. Helfer. Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.003.0008.

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This chapter explores a different issue raised by the Andean Tribunal of Justice's (ATJ's) origins as a legal transplant — when do international judges engage in expansive judicial lawmaking? Although many scholars assert that international courts are hard-wired for self-aggrandizement, this comparative study of the ATJ and the European Union's Court of Justice (ECJ) reveals that the political contexts in which courts are embedded are critical to how expansively they interpret their authority. Hence this chapter develops the Andean Community analogue to Joseph Weiler's famous account of the ECJ's transformation of Europe. It explores how variations in political support for integration over time have influenced lawmaking by international judges in the Andes and in Europe. The chapter focuses in particular on the ATJ's refusal to follow the ECJ in transforming the Andean Community's founding treaty, the Cartagena Agreement, into a constitutional blueprint for regional integration.
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26

Bußjäger, Peter, Anna Gamper, and Arno Kahl. 100 Jahre Bundes-Verfassungsgesetz. Verlag Österreich, 2020. http://dx.doi.org/10.33196/9783704686244.

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Ein Jahrhundert österreichische Bundesverfassung im nationalen und internationalen Kontext Das Jubiläumsjahr der österreichischen Bundesverfassung gibt Anlass, die Entwicklung, aber auch Gegenwart und Zukunft des Bundes-Verfassungsgesetzes (B-VG) im Lichte des europäischen und globalen Konstitutionalismus zu erörtern. Das B-VG als die "Stammurkunde" der österreichischen Bundesverfassung feiert am 1. Oktober 2020 seinen 100. Geburtstag. Damit ist sie eines der ältesten in Kontinuität stehenden Verfassungsdokumente Europas. Es hat vor allem mit der Schöpfung des spezialisierten Verfassungsgerichtshofes eine Institution hervorgebracht, die von einer Mehrheit der Verfassungen weltweit als legal transplant übernommen wurde und eine zentrale Rolle für die Aufrechterhaltung liberaler Demokratien spielt. Die Beiträge in diesem Band erstrecken sich über Verfassungsfunktionen und -konzepte im nationalen und internationalen Zusammenhang, Verfassungsänderungen und deren Schranken, die Rolle des Verfassungsgerichtshofs und die Auslegung der Verfassung bis hin zu Zusammenspiel und Interdependenzen von Verfassungen im europäischen Mehrebenensystem gerade im Hinblick auf Grundrechte.
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27

Elisabetta, Grande, and Università degli studi di Trento., eds. Transplants, innovation, and legal tradition in the Horn of Africa =: Modelli autoctoni e modelli d'importazione nei sistemi giuridici del Corno d'Africa. Torino: L'Harmattan Italia, 1995.

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28

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 4 Comparative Law and its Relevance to Transnational Commercial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0005.

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Comparative law plays a key role in the harmonisation of commercial law. This chapter outlines the history of comparative law and the classification of legal systems and goes on to examine the aims of comparative law, with particular reference to the enhancement of an understanding of one's own legal system, the development of transnational commercial law and the role of comparative law in transnational practice. A key part of the chapter is devoted to the purpose and methodology of comparative law. Is the objective to find common solutions or best solutions? Should the approach be formal or functional? The chapter concludes with a discussion of the problems confronting the comparative lawyer: the pitfalls of comparison, the effectivess or otherwise of legal transplants and the extent to which all those engaged in the work of harmonisation can realistically be expected to to be fully equipped as comparative lawyers.
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29

Dauchy, Serge. French Law and its Expansion in the Early Modern Period. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.32.

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The history of French law in the early modern period is characterized by gradual unification, rationalization, and centralization. From the fifteenth century, the central authorities started the official registration of customary law, seeking to implement more legal uniformity and security. The homologation process resulted in the publication of doctrinal treatises, in particular about the custom of Paris, which later became the chief legal basis of the 1804 Code civil. Case law also contributed to the consolidation of private law. The sixteenth and seventeenth centuries are marked by the political commitment of the monarchy to codify law in order to achieve legal and procedural unification, assert royal legislation as the main source of law, and contribute to France’s commercial and colonial policy. The great ordinances of Louis XIV and the custom of Paris were indeed transplanted to Canada and Louisiana and therefore became the main expressions of France’s legal expansion.
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30

Clark, David S. American Comparative Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195369922.001.0001.

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Abstract This book details both the intellectual and social history of American legal rules, institutions, ideology, and culture that had a foreign component, either by import or after 1900 also by export from the United States to other legal systems. Combining legal history and comparative law, the volume proceeds chronologically through seven historical periods. These begin with the religious and cultural diversity that existed in the 13 British colonies and its relevance for legal development, especially involving Roman and natural law. The legal foundation for the new American republic established a golden age for comparative law, followed by the formative era for its law, characterized by a shift from public to private law, territorial expansion, resistance to English law, and interest in codification. German historical jurisprudence and learned law then took hold in the United States after the Civil War. The twentieth century saw sustained scholarly comparative law. Motivated by idealistic as well as practical concerns, U.S. jurists began to export American legal ideas about law and government, an effort that re-emerged after World War II. Comparatists established a scholarly organization that considered a variety of issues ranging from private international law to comparative legal sociology. The 1990s, a decade of opportunities for comparative law, reflected accelerated globalization following the collapse of the Soviet Union. This, and the later return of nationalism, presented jurists with new challenges in understanding the place for rule of law and other legal transplants among the world’s nations. Interest in legal cultures and interdisciplinary methodology aided the inquiry.
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31

Cimino, Chapin. Virtue Jurisprudence. Edited by Nancy E. Snow. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199385195.013.11.

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Recently, legal scholars have brought renewed attention to the question of what modern law may have to learn from Aristotle specifically, and from virtue ethics generally. This new virtue jurisprudence movement is situated in the debate over normative legal theory, yet it has taken on a decidedly practical question: What would happen if virtue ethics were transplanted into normative legal theory? This chapter offers a taxonomy of the new literature along two different axes. The first axis identifies three different impacts of analyzing law through the lens of virtue jurisprudence). The second axis demonstrates two different ways of applying virtue jurisprudence. These include a substantive application (proposing law reforms to include more “virtuous” standards), and a procedural, or process-based, application (examining how law affects an individual’s own efforts to realize a good life, where the individual is responsible for her own habits, behaviors, and choices to that end).
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32

Licht, Amir N. Culture and Law in Corporate Governance. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.13.

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This chapter explores the relationship between culture and law, especially corporate law, and its implications for corporate governance. It begins with an overview of the basic concepts in cultural analysis as well as prevalent theories of cultural dimensions and of social networks as social capital. It then summarizes research findings regarding the consequences of culture for corporate governance on issues ranging from executive compensation to legal transplants and the objectives of the corporation (corporate social responsibility). It also discusses relations with investors and other stakeholders by way of disclosure and dividend distribution, along with the operation, composition, and network structure of the board of directors. Finally, the chapter considers how the relationship between culture and law affects diversity and persistence in corporate governance.
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33

Loke, Alexander. Insights from Comparing the Contract Laws of Asia on Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0023.

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This chapter draws out the insights and lessons that the chapters in this book reveal. A broad divide in the philosophical foundations of contract can be found in the bargain theory of contract and the theory of contract as the concordant expression of wills. These help make sense of the starting points adopted by jurisdictions situated in different legal traditions, though the final resolution might very well take surprising turns given that jurisdictions tend to be pluralistic in selecting the rules to be transplanted. At the same time, functional convergence often occurs despite disparate analytical approaches, whether because of a common sense of the just solution, the influence of international norms, or the imperative to honour parties’ agreements. A useful operating precept is to be conscious of the forces of convergence while being alert to the values and policy considerations which finally determine the legal outcomes.
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34

Alter, Karen J., and Laurence R. Helfer. Lessons from the Andean Tribunal of Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.003.0001.

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This chapter highlights five broad lessons from a series of research and findings on the Andean Tribunal of Justice (ATJ) that contribute to the comparative study of international courts. The first is in adapting transplanted international legal institutions to local contexts. The chapter then provides that not all international courts seek to expand their influence and authority. The third lesson concerns expanding the interlocutors and compliance partners of international courts. Next, the chapter shows how the ATJ created judicial strategies for building the international rule of law in fraught environments. Finally, the fifth lesson covers defending regional intellectual property (IP) laws that protect local values and interests.
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35

Frank G, Madsen. Part I General Questions, 1 The Historical Evolution of the International Cooperation against Transnational Organised Crime: An Overview. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198733737.003.0001.

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This chapter surveys the development of international criminal police cooperation and notes that originally most crimes now prohibited internationally were sponsored or tacitly allowed by governments. I postulate, using World Society Theory, that developing cooperation is part of global crime governance. In law enforcement cooperation ‘rationalization’ (a core concept of this theory) takes the form of policing technology. Interpol is the only global criminal-police cooperative organisation and, in developing this structure, police professionalism played a more decisive role than political or legal guidance. The chapter looks at three rarely highlighted themes of transnational organised crime (TOC): the relationship between the financial markets and TOC, organ transplants, and environmental or ‘green’ crime, as well as two procedural issues, random data collection and cryptography. The chapter ends by warning about two TOC areasthat will become of increasing concern: illicit disposal of toxic and e-waste, and the health care sector.
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36

Bell, Gary F. Formation of Contract and Stipulations for Third Parties in Indonesia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0018.

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Indonesia is one of the most legally diverse and complex countries in the world. It practises legal pluralism with three types of contract law in force: adat (customary) contract laws, Islamic contract laws (mostly concerning banking), and the European civil law of contract, transplanted from the Netherlands in 1847, found mainly in the Civil Code (Kitab Undang-Undang Hukum Perdata). This chapter focuses on European civil law as it is the law used for the majority of commercial transactions. The civil law of contract is not well developed and there is a paucity of indigenous doctrine and jurisprudence, since most significant commercial disputes are settled by arbitration. The contours of the law are consistent with the French/Dutch legal tradition. In the formation of contracts, the subjective intention of the parties plays a greater role than in the common law. As with most jurisdictions with a Napoleonic tradition, the offer must include all the essential element of the contract, there is no concept of ‘invitations to treat’ or of ‘consideration’, the common law posting rule is rejected, and the contract is formed only when the acceptance is received. There are generally few requirements of form but some contracts must be in writing and some in a notarial deed.
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37

Wang, Fei-Hsien. Pirates and Publishers. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691171821.001.0001.

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This book reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. It draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, the book presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, the book demonstrates the pivotal roles of those who produce and circulate knowledge.
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