Definition Of Foreign Related Contracts

< p > what is "foreign related factors"? The judicial practice in the past was generally examined from the perspective of the 178th provisions of "Min Tong opinion" from the perspective of the three elements (subject, legal fact and object) constituted by civil legal relationship.

That is to say, as long as one element is involved in foreign affairs, it can be identified as "foreign related civil relations".

< /p >

< p > > a href= "//www.sjfzxm.com/news/index_c.asp" > Supreme People's court < /a > < opinions on certain issues applicable to the Civil Procedure Law of the people's Republic of China > (Fa [1992] No. 22, hereinafter referred to as the "civil litigation opinion") has been consistent with the constitution of "foreign-related factors" and "Min Tong opinions". 304th of them have made clear provisions on how to identify "foreign-related civil cases" from the perspective of procedural law, that is, as long as one of the elements of civil legal relations is foreign-related, that is "foreign related civil cases".

< /p >

< < a > href= > //www.sjfzxm.com/news/index_c.asp > > < /a > < < p > April 1, 2011, there is no stipulation on how to define "foreign-related factors". However, in combination with the new situation in judicial practice, in the aspect of a href= "//www.sjfzxm.com /news/index_c.asp" > civil law < /a > the main elements of the relationship, no longer just emphasize the connection of nationality, and further stipulate the habitual residence as an important joint point of foreign related civil relations.

< /p >

< p > > based on the interpretation of the law applicable law issued in December 28, 2012 and implemented in January 7, 2013, the first article redefines the foreign-related civil relations on the basis of "Min Tong's opinions" and "people's action opinions". In addition, the provisions of the habitual residence of one or both parties outside the People's Republic of China area are added to the main body, and a stipulation clause (five) is set up to include other situations that may be identified as foreign related civil relations in judicial practice.

< /p >

< p > > according to the first provision of interpretation 1 of the law applicable law, one of the following circumstances can be considered as a foreign contract: (1) one or both parties to the contract are foreign citizens, foreign legal persons or other organizations and stateless persons; (2) one or both of the parties to the contract residences outside the People's Republic of China area; (3) the subject matter of the contract is outside the People's Republic of China area; (4) the termination, breach, breach of contract formation, performance, alteration, pfer or contractual rights and obligations occur outside the People's Republic of China area; (5) it can be identified as other circumstances of the foreign-related contract.

< /p >