Are emails legally binding in China?

Contract Formation Chinese LawChinese law recognises the formation of a contract by email, fax, letter, or any other form that "can tangibly express the content thereof" ("67095f625730886873b062408f7d51855bb9") (see Article 469 of the Civil Code of the People's Republic of China, which entered into force on 1 January 2021).

What is an example of a consideration in a contract?

Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

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Comparison of Contract Law of the People's Republic of China with The...

Wayne Michigan Comparison of Contract Law of the People's Republic of China with The United States

Name: Wayne Michigan Comparison of Contract Law of the People's Republic of China with The United States
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Contracts - Contract Law

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Wayne

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US-00103BG

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A comparison the United States law of contracts with the law of contracts of the People's Republic of China.

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China promulgated its first-ever Civil Code (6c116cd55178) in May 2020, which includes seven parts, i.e., General Principles, Real Rights, Contracts, Personality Rights, Marriage and Family, Succession, Liability for Tort, and Supplementary Provisions.

In order for a contract to be enforceable in China, the contract should generally either provide for dispute resolution before a Chinese court, or by arbitration. Arbitration is a private, alternative form of dispute resolution.

Consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration).

Basically, a consideration is determined when the two or more parties to a contract change their positions, such as promising something you are not legally required to do or promosing not to do something you are legally free to pursue.

An agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

As per the Act of 1872, a valid oral agreement is of value and can be enforced in the court of law. However, it is always difficult to prove the existence or the exact terms of the agreement, in case of dispute.

Contract Formation Chinese LawChinese law recognises the formation of a contract by email, fax, letter, or any other form that "can tangibly express the content thereof" ("67095f625730886873b062408f7d51855bb9") (see Article 469 of the Civil Code of the People's Republic of China, which entered into force on 1 January 2021).

This is because although your English contract is legally enforceable, a Chinese court will still have to translate it into Chinese to read it. Your contract is therefore only as legally enforceable as the accuracy of the employed translator.

Consideration, in contract law, an inducement given to enter into a contract that is sufficient to render the promise enforceable in the courts. The technical requirement is either a detriment incurred by the person making the promise or a benefit received by the other person.

Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

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Wayne Michigan Comparison of Contract Law of the People's Republic of China with The United States

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