Party Autonomy in Contractual Choice of Law in China (Paperback)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	August 2019
Authors:	Jieying Liang
Dimensions:	229 x 152 x 19mm (L x W x T)
Format:	Paperback - Trade
Pages:	375
ISBN-13:	978-1-108-73832-3
Categories:	Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
LSN:	1-108-73832-X
Barcode:	9781108738323

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