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1 - The Development of the Party Autonomy Principle in China

Published online by Cambridge University Press:  09 March 2018

Jieying Liang
Affiliation:
The University of Hong Kong
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Summary

Chapter 1 provides a brief overview of the history of China's legislation and judicial practice on the party autonomy principle in contractual choice of law. It examines how the relevant legal rules have evolved and how they have been applied in people's courts in China. It demonstrates that, although the private international law legislation and judicial practice in China has progressed greatly since 1978, most of the legal rules are abstract. They create ambiguities in several respects concerning the practical operation of the party autonomy principle.
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Publisher: Cambridge University Press
Print publication year: 2018

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