Description: Party Autonomy in Contractual Choice of Law in ChinaJieying Liang Cambridge University Press Paperback Unused and unread, cosmetic imperfections such as scuffs, creases or knocks. Stamped 'damaged' by publisher to a non-text page. EAN: 9781108738323 Published: 08/08/2019 Language: English The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty 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. 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. DispatchIn stock here - same-day dispatch from England. My SKU: 3277415RefundsNo-hassle refunds are always available if your book is not as expected.Terms and Conditions of SaleSorry - no collections. All sales are subject to extended Terms and Conditions of Sale as well as the Return Policy and Payment Instructions. Visit my eBay Store for details andmany more books. Template layout and design, "JNC Academic Books", "needbooks", Copyright © JNC INC. Designated trademarks, layouts and brands are the property of their respective owners. All Rights Reserved.
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Subject Area: Commercial Law
Item Height: 229mm
Item Width: 152mm
Author: Jieying Liang
Publication Name: Party Autonomy in Contractual Choice of Law in China
Format: Paperback
Language: English
Publisher: Cambridge University Press
Subject: Law
Publication Year: 2019
Type: Textbook
Item Weight: 500g
Number of Pages: 375 Pages
