A Comparative Study Of Some Aspects Of Contract Law Between China And Ohada’s Area Countries

Economic and commercial relations take form through contracts. The speed at which global exchange of services, goods and information develops, leads to new challenges for scholars and practitioners of contract law, both on a national and international level.The economic and commercial relations between China and Africa should take place in a good legal environment. This study aims to compare some aspects of Chinese and Ohada’s area countries contract law systems in order to have a more appropriate legal framework for business between China and Ohada’s area of African Continent. The thesis is divided into four Chapters, each chapter analyzes a particular issue of contract, each chapter is also divided into two parts; issues are analyzed and explained by alternative method according to Chinese contract law or Ohada’s countries contract law system. Finally, the thesis ends with conclusion.The introductory part of the thesis contains discussion on the background of the study. It consists of Conceptual Clarifications, Purpose and Contribution of the Research, Research Questions, Methodology, Limitation and Structure of the Study.Chapter1consists of two parts. The chapter is very important to the research because the entire foundation of contract, the Autonomy of Will and the Meeting of Minds were discussed and analyzed from both the Chinese and Ohada’s counties contract law systems. The first part discusses the basic concept of Freedom in contractual matters and the Limitation on Party Autonomy. The second part analyses the Meeting of Minds, i.e. the mechanism of Contract Formation by an Offer followed by an Acceptance and their meeting in time and space.Chapter2is divided into two parts; this chapter discusses and analyzes the conditions of validity of contract. These include the Capacity to Contract, the Consent and others. Part Ⅰ deals with the Validity of Contract in China; it details the Capacity to contract and explain how a contract can be void or voidable. Part Ⅱ concerns Contract Validity issues in Ohada’s countries; it analyzes these issues according to structure of contract determined by Article1108of C.C; thus Part II covers such issues as Consent, Capacity, Object (subject matter) and the Cause of contract in Ohada’s contract law system.Chapter3consists of two parts; the chapter gives an analysis of Breach of Contract and Remedies. The first part of the chapter gives a detailed study of the Concept of Breach of Contract in China as well as in Ohada’s countries. It covers such notions as Anticipory Breach, Actual Breach and Breach for Fortuitous Non-Performance. The second part of the chapter deals with remedies that may ask an aggrieved party to enforce its contractual rights. This part explains notions as Specific Performance, Remedial Measures and Damages in Chinese law; and concepts like Exceptio Non Adimpleti Contractus, Performance in Kind, Judicial Provision, Exemption Clauses and Penalty Clauses, Damages and Formal Notice are detailed according to Ohada’s area system of law.Chapter4of this thesis also consists of two parts; the first part deals with the Attribution of Liability in China and Ohada state members. Thus, Fault and Strict Liability are detailed in this party. The second part concerns Exemption of Liability; the concept of Force Majeure is analyzed according to the two contract law, and others causes of exemption has been retained and detailed.