| Description |
1 online resource |
| Contents |
Cover; Half-title; Title page; Copyright information; Dedication; Table of contents; Preface; Acknowledgements; List of Abbreviations; Table of Cases; Australia; European Court of Justice; Hong Kong SAR; Mainland China; Supreme People;s Court; Higher People's Courts; Intermediate People's Courts and Maritime Courts; Basic-level People's Courts; Permanent Court of International Justice; United Kingdom; United States; Table of Statutes, Judicial Documents and International Instruments; Statutes and Administrative Rules of the People's Republic of China |
|
Judicial Interpretations and Other Documents Issued by the Supreme People's Court of the People's Republic of China; International Conventions and EU Legislation; 1 The Development of the Party Autonomy Principle in China; 1.1 Before the Adoption of the Reform and Opening-Up Policy in 1978; 1.2 The Partial Acceptance of Party Autonomy before the 1999 Contract Law; 1.3 After the Enactment of Contract Law and before the 2007 Provisions; 1.3.1 The Complete Acceptance of Party Autonomy in Chinese Private International Law; 1.3.2 Issues Outstanding after the Enactment of Contract Law |
|
A Change of the Applicable Law; B Statutory Restrictions on Party Autonomy; a Mandatory or Prohibitive Rules: Definition and Scope; b The Boundary of 'Social Public Interest'; 1.4 After the 2007 Provisions and before the 2010 Conflicts Statute; 1.4.1 The 2007 Provisions; A The Parties' Choice Should Be Express; B Restrictions on Parties' Autonomy; C The Ascertainment of Foreign Law; 1.4.2 The SPC's Interpretations Relating to Mandatory Rules; 1.5 The 2010 Conflicts Statute; 1.6 Overview of the Book; 1.6.1 The Structure of the Book; 1.6.2 Methodology |
|
2 The Background to the Development of Party Autonomy2.1 The Historical Development of the Party Autonomy Principle; 2.2 The Justifications of Party Autonomy; 2.3 The Source of Parties' Autonomy; 2.3.1 The Law of the Forum Provides the Entry Point; 2.3.2 International Law as a Source and the Idea of 'Individual Sovereignty'; 2.3.3 Implications of the International Approach; 2.3.4 Summary; 2.4 The Nature of Parties'; Choice of Law; 2.4.1 Choice of Law Agreement as a 'Promise'; 2.4.2 Choice of Law Agreement as a 'Contract'; 2.4.3 Summary |
|
2.5 The Relevance of International Debate to the Development of Party Autonomy in China2.5.1 The Evolution of Freedom of Contract in China; 2.5.2 The Nature of Private International Law: A Chinese Perspective; 3 The Existence and Validity of Parties' Choice of Law; 3.1 Identification of the Existence of Parties' Consent on Choice of Law; 3.1.1 Inconsistent Approaches in Determining Parties' Consent in Bills of Lading; 3.1.2 Burden of Proof in a Bill of Lading Taken as a Contract; 3.1.3 Special Issues in a Bill of Lading Taken as a Standard Contract |
| Summary |
"The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts"-- Provided by publisher |
|
"The principle of party autonomy in contractual choice of law gives parties to an international contract the freedom to choose the law to govern their contract"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed March 5, 2018) |
| Subject |
Conflict of laws -- Contracts -- China
|
|
LAW -- Administrative Law & Regulatory Practice.
|
|
Conflict of laws -- Contracts
|
|
China
|
| Form |
Electronic book
|
| ISBN |
9781316766750 |
|
1316766756 |
|
9781316718377 |
|
1316718379 |
|
