Title: Comments on and Analyses of Regulations by Supreme People's Court on Issues of Law Application in Hearing Foreign-related Civil or Commercial Contract Disputes
Abstract: Legislation of our country adopts the widely-accepted foreign-related civil and commercial contract law application rule based primarily on Autonomy of Will supplemented by Closest Relationship.However,the rule is a bit too simply provided in General Rules of Civil Law and Contract Law,thus lacks operability.Regulations by Supreme People's Court on Issues of Law Application in Hearing Foreign-related Civil or Commercial Contract Disputes enforced since August 8,2007 makes up for the defects of the present legislations.This judicial interpretation sets clear opinions of how to handle problems often encountered and with objections in foreign-related civil and commercial contract adjudication.The writer makes an analysis of such points of attraction as characteristic performance and proof of foreign law in the judicial interpretation,and holds that defects still exist in it and need perfection with regard to the validity,way and scope of choice of law by parties which it governs,the provisions forbidding evasion of law,and the protection of interests of the weak party,etc.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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