Open Questions on Sales Law in the Chinese Civil Code – A Comparison with German and European Law

Abstract

On January 1, 2021, the new Chinese Civil Code came into force. This article focuses on the law governing the sale of goods.
The legislative technique of the new Code is influenced by German and European law, examples being the high number of
indefinite legal terms and the numerous cross-references to other statutory provisions. In terms of content, however, Chinese
sales law is influenced by the UN Convention on Contracts for the International Sale of Goods. For instance, rules on the
obligation of inspection, warranty rights, general terms and conditions, and the obligation to contract are more seller-friendly
and thus more business-friendly than European sales law, which is geared towards consumer protection. Consequently, the
provisions more closely resemble those of the market-oriented U.S. regime than the increasingly paternalistic European body of
law focused on consumer protection.