Book contents
- Party Autonomy in Contractual Choice of Law in China
- Party Autonomy in Contractual Choice of Law in China
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Table of Cases
- Table of Statutes, Judicial Documents and International Instruments
- 1 The Development of the Party Autonomy Principle in China
- 2 The Background to the Development of Party Autonomy
- 3 The Existence and Validity of Parties’ Choice of Law
- 4 The ‘Law’ That Can Be Chosen by Parties
- 5 Statutory Restrictions on Party Autonomy (I)
- 6 Statutory Restrictions on Party Autonomy (II)
- 7 Ascertainment of the Foreign Law Chosen by Parties
- 8 Contractual Choice of Law under the ‘One Country, Two Systems’ Regime
- 9 The Party Autonomy Principle in the Context of the Chinese Legal System
- Bibliography
- Index
3 - The Existence and Validity of Parties’ Choice of Law
Published online by Cambridge University Press: 09 March 2018
Book contents
- Party Autonomy in Contractual Choice of Law in China
- Party Autonomy in Contractual Choice of Law in China
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Table of Cases
- Table of Statutes, Judicial Documents and International Instruments
- 1 The Development of the Party Autonomy Principle in China
- 2 The Background to the Development of Party Autonomy
- 3 The Existence and Validity of Parties’ Choice of Law
- 4 The ‘Law’ That Can Be Chosen by Parties
- 5 Statutory Restrictions on Party Autonomy (I)
- 6 Statutory Restrictions on Party Autonomy (II)
- 7 Ascertainment of the Foreign Law Chosen by Parties
- 8 Contractual Choice of Law under the ‘One Country, Two Systems’ Regime
- 9 The Party Autonomy Principle in the Context of the Chinese Legal System
- Bibliography
- Index
Summary
Chapter 3 looks at the question of whether both parties have made a choice of law. Based on the analysis of the difficulties and inconsistence in judicial practice, it takes commercial practice and the protection of weaker parties into account in the discussion of how to determine the existence of parties' choice.
- Type
- Chapter
- Information
- Party Autonomy in Contractual Choice of Law in China , pp. 50 - 88Publisher: Cambridge University PressPrint publication year: 2018