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The flowing tide of parties’ freedom in private international law: Party autonomy in contractual choice of law in China
Guangjian Tu
Source PublicationJournal of Private International Law
ISSN1744-1048
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
DOI10.1080/17441048.2019.1599197
URLView the original
Volume15
Issue1
Pages234-246
WOS IDWOS:000476921700008
WOS SubjectLaw
WOS Research AreaGovernment & Law
Indexed ByESCI
The Source to Articlehttps://www.tandfonline.com/doi/full/10.1080/17441048.2019.1599197
Scopus ID2-s2.0-85068185029
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Document TypeReview article
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorGuangjian Tu
AffiliationSchool of Law,University of Macau,Macao
First Author AffilicationUniversity of Macau
Corresponding Author AffilicationUniversity 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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