Comparative Law Essay Example | Topics and Well Written Essays - 1250 words

Comparative practice of law - Essay ExampleIt is a necessary element of a contract that is intended to be licitly binding. In cases where a society is attempting to prove the existence of a contract, evidence of consideration often proves useful. However, the onus is on the party seeking to prove the contract to demonstrate intention and the nature of the relationship between the parties. (Clarke, 2008). Additionally, in order to prove that both parties intended to enter into legal relations with one another, the harmony must have been very specific in its material components. An agreement which is vague or ambiguious, incomplete or constitues a mere agreement to agree will not be enforceable. (Clarke, 2008). In terms of proving a contracts grimness, it is important to bank bill that contracts do not always have to be written they can be oral. Certain types of contracts, as protected by the 1677 Statute of Frauds, do have to be signed. And it is certainly much easier to prove t he validity of a contract with a signed document. (Clarke, 2008).German contract law is known to place an accent on citizens rights to govern their own affairs with no or little interference from the government. According to the belief of Abstraction, contracts only create an obligation, but there atomic number 18 no actual changes to the legal correlation concerning the target of the contract. (Wikipedia, 2008). In recent years, however, Germany has been moving toward a trend of greater regulation. According to Germanys Civil Code 157, contracts are to be interpreted in accordance with good faith and fair dealing having regard to commercial practices. (Lando, 1996). Contracts are often voided if an unfair weight is placed on one of the involved parties, especially if that party is somehow weaker, such as a minority or a consumer rather than a professional. In contemplating the validity of a contract, also to be considered are the issues that were involved in the initial formati on of that incident contract. (Wikipedia, 2008).Germany is a member of the European Union, which has its own forwardness of regulatory principles regarding contracts. (Wikipedia, 2008). The Principles of European Contract Law is a lengthy document detailing regulations of contracts to be governed by law of the European Union. Some of the articles in this set of principles, to be addressed subsequently, pertain to contract terms, revocation of an offer, and unfair wagess. The European Union let ins, as of January 1, 2007, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. (Rosenberg, 2007).Chinese contract law holds both parties involved in a contract to be legally equal. Similar to contract law in Germany, those contracts in which one party unfairly takes advantage of a nother party may be voided. Contracts in China may be oral or written but similar to both Australia and Germany, there are certain circumstances in which a contract must be written and signed. One of these cases is that of a lease. Whether oral or written, contracts must include which parties are involved, the object or subject of the contract, quantity and quality specifications, remuneration, time limit, method of performance, legal