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Comparison of Contract Law of the People's Republic of China with The...

Franklin Ohio Comparison of Contract Law of the People's Republic of China with The United States

Name: Franklin Ohio Comparison of Contract Law of the People's Republic of China with The United States
Brand: US Legal Forms
Rating: 4.76 (366 reviews)

Category:

Contracts - Contract Law

State:

Multi-State

County:

Franklin

Control #:

US-00103BG

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Instant download

Description

A comparison the United States law of contracts with the law of contracts of the People's Republic of China.

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Certainly YES. As long as the Chinese court has jurisdiction over the case in question, foreigners or foreign enterprises, like any other Chinese litigant, can file a lawsuit with Chinese courts. For most cases, the Chinese court where the defendant is located has jurisdiction over the case in question.

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.

This is because although your English contract is legally enforceable, a Chinese court will still have to translate it into Chinese to read it. Your contract is therefore only as legally enforceable as the accuracy of the employed translator.

It governs such questions as which agreements the law will enforce, what obligations are imposed by the agreement in question and what remedies are available if the obligations are not performed. Thus contract law is the law based on liability for breach of promises.

The basic purpose of contract law is to provide a framework within which individuals can freely contract. The contract can legally bind the contracting parties by the creation of laws which are applicable only to the very individuals that create the contract and its subsequent legally binding laws.

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.

In common law, there are 3 basic essentials to the creation of a contract: (i) agreement; (ii) contractual intention; and (iii) consideration. 3. The first requisite of a contract is that the parties should have reached agreement.

Courts in the PRC do not have a general power of judicial review which enables them to strike down legislation. However under the Administrative Procedure Law of the People's Republic of China, they do have authority to invalidate specific acts of the government.

The Contract Act 1872 was enacted on 1st September 1872 for the purpose to regulate all the agreements and contracts to save the rights of parties of any such agreement or contract, taking place in Sub-Continent ruled by the British.

Agreement, oral or written, that can be enforced in court. what is the purpose of contract law ? reflects societys values regarding values regarding what promises we think we should keep and what excuses we will allow.

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Franklin Ohio Comparison of Contract Law of the People's Republic of China with The United States

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