TY - JOUR
AU - WANG, Baoshi
AB - AbstractThe closest connection doctrine plays an important role in the conflict of laws in China. It has been applied not only in the field of contracts but also to several particular issues in areas other than contract. The Supreme People's Court in China adopts the notion of characteristic performance and provides some presumptions to determine the country of closest connection. If the presumptive rules cannot be applied, the Chinese courts tend to take the contacts-counting approach to identifying the country of closest connection, which often leads to the application of Chinese law. The authors put forward three suggestions for China's future legislation: (a) to adopt the closest connection doctrine as a general principle; (b) to adopt the “integrated contacts-evaluation” approach to determine the country of closest connection; (c) to regulate the presumption of characteristic performance in legislation.
TI - The Closest Connection Doctrine in the Conflict of Laws in China
JF - Chinese Journal of International Law
DO - 10.1093/chinesejil/jmp018
DA - 2009-07-01
UR - https://www.deepdyve.com/lp/oxford-university-press/the-closest-connection-doctrine-in-the-conflict-of-laws-in-china-fKKcRetKKr
SP - 423
EP - 439
VL - 8
IS - 2
DP - DeepDyve
ER -