Chinese Courts’ Adjudication of Disputes Arising from Corporate Contracts Giving Security: A Comparative Critique

Dr Charles Qu
City University of Hong Kong Law School

7 December 2017, 4 p.m.
Room 3.07, Institute of East Asian Studies University of Cologne

 

One of the challenges that courts may face is how to adjudicate where no governing legal norms exist. An example of a legal lacuna, in the context of Chinese company law, is the absence of rules providing for parties’ rights over transactions giving security entered in the name of the company without authority. The lack of legal norms governing the above mentioned situation raises a question on the ways in which Chinese courts have allocated risks for corporate security contracts where the debtor defaults and the justifiability of the outcomes of the courts’ decisions in both doctrinal and policy terms.

Dr Charles Qu holds an LLB and an LLM from the University of New South Wales and a PhD from the Australian National University. He is an Associate Professor at the City University of Hong Kong Law School. Dr Qu researches in, among other things, corporate law, corporate insolvency law, and Chinese corporate law.