Residential College | false |
Status | 已發表Published |
The flowing tide of parties’ freedom in private international law: Party autonomy in contractual choice of law in China | |
Guangjian Tu | |
Source Publication | Journal of Private International Law |
ISSN | 1744-1048 |
2019-01-06 | |
Other Abstract | The parties’ freedom is enshrined as a fundamental doctrine in substantive private law, especially the law of contract.Footnote1 The corollary of this doctrine’s extension is that party autonomy should generally be recognised at the conflicts level.Footnote2 Recent decades have witnessed the great expansion of party autonomy in private international law from one jurisdiction to the other and from the national to the international level.Footnote3 It has taken hold not only in the field of jurisdiction but also that of choice of law.Footnote4 Within the latter, it has been accepted not only for contractual matters but also tortious obligations, and even quite a few issues in the area of family law.Footnote5 Since the adoption of the “Opening-up Policy” in 1978 and the introduction of the market-oriented economy in 1992, especially with its entry into the World Trade Organization (WTO) in 2001, China has been striving to produce a system of laws that would modernise its regulatory framework and bring itself into line with global trends.Footnote6 To have economic intercourse with the outside, private parties do have to contract with foreigners frequently. Chinese laws did provide for foreign-related contracts at quite an early stage as indicated in the book currently under review, Party Autonomy in Contractual Choice of Law in China (the Book).Footnote7 Consistently with the famous Chinese saying “Ten years’ lessons, Ten years’ gathering”,Footnote8 it is timely to look at how Chinese laws have performed in the past four decades (from 1978 to 2018), including its law on contractual choice of law. The current Chinese ambitions of claiming greater global presence and the development of the “One Belt, One Road” initiative mean the study of contractual choice of law in China is of growing importance and practical relevance both within China and to many outsiders. The construction of the “Guangdong-Hong Kong-Macao Greater Bay Area” makes this topic inter-regionally attractive and interesting because contractual conflicts will undoubtedly arise more frequently among the three regions.Footnote9 Focusing on party autonomy in contractual choice of law, Jieying Liang’s book is a timely work that deals with an increasingly important area of Chinese law. |
Language | 英語English |
DOI | 10.1080/17441048.2019.1599197 |
URL | View the original |
Volume | 15 |
Issue | 1 |
Pages | 234-246 |
WOS ID | WOS:000476921700008 |
WOS Subject | Law |
WOS Research Area | Government & Law |
Indexed By | ESCI |
The Source to Article | https://www.tandfonline.com/doi/full/10.1080/17441048.2019.1599197 |
Scopus ID | 2-s2.0-85068185029 |
Fulltext Access | |
Citation statistics | |
Document Type | Review article |
Collection | DEPARTMENT OF MACAO LEGAL STUDIES |
Corresponding Author | Guangjian Tu |
Affiliation | School of Law,University of Macau,Macao |
First Author Affilication | University of Macau |
Corresponding Author Affilication | University of Macau |
Recommended Citation GB/T 7714 | Guangjian Tu. The flowing tide of parties’ freedom in private international law: Party autonomy in contractual choice of law in China[J]. Journal of Private International Law, 2019, 15(1), 234-246. |
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