Are emails legally binding in China?

Contract Formation Chinese LawChinese law recognises the formation of a contract by email, fax, letter, or any other form that "can tangibly express the content thereof" ("67095f625730886873b062408f7d51855bb9") (see Article 469 of the Civil Code of the People's Republic of China, which entered into force on 1 January 2021).

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

Palm Beach Florida Comparison of Contract Law of the People's Republic of China with The United States

Name: Palm Beach Florida 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:

Palm Beach

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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FAQ

A legal contract between two individuals must be agreed upon by all parties with both parties exchanging something of value.

Generally, to be legally valid, most contracts must contain two elements:All parties must agree about an offer made by one party and accepted by the other.Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items.

A contract is an agreement between multiple parties that is legally binding. Binding agreements, which are legal contracts, can be enforced under laws at both the federal and state levels.

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.

The contract should be enforceable in a Chinese court with jurisdiction over the defendant. This normally means jurisdiction in a court in the district where the defendant has its principal place of business.

Contract Formation Chinese LawChinese law recognises the formation of a contract by email, fax, letter, or any other form that "can tangibly express the content thereof" ("67095f625730886873b062408f7d51855bb9") (see Article 469 of the Civil Code of the People's Republic of China, which entered into force on 1 January 2021).

The simple answer is YES. You can write your own contracts. There is no requirement that they must be written by a lawyer. There is no requirement that they have to be a certain form or font.

For a contract to be binding, there also must the exchange of promises to act and/or provide goods, services or money. The act, promises, goods, services and/or money are called consideration. In order to have a binding, enforceable contract, there must be an exchange of consideration.

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.

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Palm Beach Florida Comparison of Contract Law of the People's Republic of China with The United States

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