A comparison the United States law of contracts with the law of contracts of the People's Republic of China.
Mississippi Comparison of Contract Law of the People's Republic of China with The United States
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Employment Contract Establishment in ChinaA written employment contract is required. An employment contract shall be agreed upon between the employer and the employee and shall come into effect after the employer and the employee affix their signatures or seals to the employment contract.
Article 2 For the purpose of this Law, a contract means an agreement on the establishment, alteration or termination of a civil right-obligation relationship between natural persons, legal persons or other organizations as subjects with equal status.
China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries.
In order for a contract to be enforceable in China, the contract should generally either provide for dispute resolution before a Chinese court, or by arbitration. Arbitration is a private, alternative form of dispute resolution.
Since international business by its nature involves multiple layers of law, contracts that would be perfectly legal in one country may be illegal in another and unenforceable in that country's courts.
As the development of society requires a set of commonly recognized rules to govern daily transactions, gradually, a set of codified laws came into effect to replace the reliance on local customs. The present-day contract law in China originated partially from ancient customary law.
Not all contracts must be in writing to be legally binding. In addition, not all written agreements are legally binding. For an agreement to constitute a legally binding contract, a number of criteria must be met, such as offer, acceptance, and consideration.
Written contracts make sense in China because of the major improvements in China's legal system over the past decade. These improvements have occurred because Chinese businesspeople have found they need written contracts to make business work in China.
1. The contract is governed by Chinese law. Under Chinese law, it is permissible to provide that the contract be governed by foreign law. However, providing for foreign law all but guarantees failure in a Chinese court because Chinese courts require the party to prove every relevant element of foreign law.