Abstract

European rules on service contracts were presented recently in the so-called Draft Common Frame of Reference (DCFR). The DCFR uses a regulatory approach to service contracts, which is different from German law, it being based on the dichotomy of service contracts and work contracts. This chapter analyses how service contracts within the meaning of the DCFR-namely, any undertakings conducted independently and generally against payment, which are to be seen as an obligation of conduct (including the mandate contract and the contract for intermediary services)-are regulated in Chinese contract law. It shows that Chinese contract law codifies a range of service contracts, whereas it omits the codification of other types of contracts. With the inclusion of the technology contract in the typical contracts, the Chinese legislature follows its own approach which is the result of a certain path dependency. Keywords:Chinese Contract Law; European DCFR; German law; obligation of conduct; service contracts; work contracts

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