US Legal Forms
Localized Forms
Florida
Miami-Dade
Comparison of Contract Law of the People's Republic of China with The...

Miami-Dade Florida Comparison of Contract Law of the People's Republic of China with The United States

Category:

Contracts - Contract Law

State:

Multi-State

County:

Miami-Dade

Control #:

US-00103BG

Format:

Instant download

Description

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

View Irvine Waiver of 1st Meeting of Stockholders - Corporate Resolutions

View this form

View Indianapolis Waiver of 1st Meeting of Stockholders - Corporate Resolutions

View this form

View Greensboro Waiver of 1st Meeting of Stockholders - Corporate Resolutions

View this form

View Gilbert Waiver of 1st Meeting of Stockholders - Corporate Resolutions

View this form

View Fort Worth Waiver of 1st Meeting of Stockholders - Corporate Resolutions

View this form

Form Rating

4.76

Satisfied(366)

Form popularity

FAQ

Under Chinese law, it is permissible to provide that the governing language of the contract is a foreign language such as English. To do so, however, nearly always leads to disaster. Chinese courts will only work with Chinese language documents. This means the contract must be translated into Chinese.

Consideration, in contract law, an inducement given to enter into a contract that is sufficient to render the promise enforceable in the courts. The technical requirement is either a detriment incurred by the person making the promise or a benefit received by the other person.

Some scholars believe that given China's socialist and non-democratic political system and practice, it is at best regarded as a country of rule by law with law used by the state as an instrument for social control.

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.

The Contract Law of the People's Republic of China is a law in the PRC that came into force on October 1, 1999. It is the main source of contract law in the PRC.

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.

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.

Miami-Dade Florida Comparison of Contract Law of the People's Republic of China with The United States

Description

Related forms

Show more info

Form Rating

Form popularity

FAQ

Are English contracts enforceable in China?

When entering contracts What is consideration?

Does the rule of law apply in China?

What type of law does China use?

Does China have contract law?

Are contracts enforceable in China?

Are there contracts in China?

Trusted and secure by over 3 million people of the world’s leading companies