Private International Law in China by Guangjian Tu

By Guangjian Tu

This publication presents a scientific elaboration of chinese language deepest foreign legislation, unearths the final recommendations bearing on clash of legislation in China, explains the targeted chinese language clash principles for various parts of legislations, and demonstrates how overseas civil litigation is pursued in China. basically established and written by means of a local chinese language pupil focusing on the sector, the book’s easy-to-read type makes it obtainable to a vast readership, whereas its content material makes it an invaluable reference consultant, specifically for jurists and researchers.

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44See Article 51 of LAL, which says: ‘If the provisions in Article 146 and Article 147 of the General Principles on Civil Law of the People’s Republic of China and Article 36 of the Law of Succession of the People’s Republic of China do not conform to the provisions in this Law, the provisions in this Law shall prevail’; supra para. 55. 45See Article 2 of LAL, which says: ‘The application of laws concerning foreign-related civil relations shall be determined in accordance with this Law. However, if there are other special provisions in other special laws on the application of laws concerning other special foreignrelated civil relations, such provisions shall prevail …’; for examples of the special conflict rules in the special laws, see Article 3 of Interpretation I on LAL; supra para.

30; infra para. 108. 38See Art. 25; infra para. 106. 1 Public Policy and Mandatory Rules 77.

Therefore, in the following discussion of this book, wherever a provision in an effective relevant Interpretation on the law is applicable, it will also be taken into account and examined. e. GPCL. Actually, it also provided quite a few rules for common conflict issues and, together with GPCL, served as the general law in this field before the promulgation of LAL. 3 The Currently Most Important Legal Source: The New Chinese Conflicts Code and Interpretation I On It 61. Following the entry into the World Trade Organization (WTO) in 2001, the need for a comprehensive conflict of laws code in the People’s Republic of China has become increasingly acute.

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