Original scientific paper
https://doi.org/10.25234/pv/30267
VALIDITY OF THE SALE OF GOODS CONTRACT – CHARACTERISTICS OF CHINESE LAW
Mihaela Braut Filipović
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia
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* Corresponding author.
Abstract
The paper presents the development of Chinese contract law, which underwent significant legislative changes from the 1980s until the adoption of the Civil Code of China in 2020. Although the legislative models of Croatian and Chinese legislators largely overlap, the paper discusses whether Chinese law comprises any specific solutions, particularly influenced by the ideological philosophies, of Confucianism and communism, which prevail in Chinese culture and legal system. The paper examines the specifics of concluding the sale of goods contracts between Croatian and Chinese traders. The research questions deal with the implementation of the UN Convention on the International Sale of Goods and legal challenges to the validity of contracts when Chinese law applies. The author identifies two key challenges to the validity of the contract according to Chinese law, namely its form and content, as well as the scope of application of the principle of party autonomy. Contractual solutions are proposed to avoid some dubious interpretations before the Chinese courts. In conclusion, this article contributes to understanding the context of Chinese commercial contract law and its legal framework, and enhances thereby the party’s legitimate expectations and the quality of drafting sales of goods contract when engaging in business with Chinese traders.
Keywords
chinese contract law; CISG; party autonomy; validity of the contract
Hrčak ID:
322336
URI
Publication date:
15.11.2024.
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