Interpretation of Chinese Supreme Court‘s Interpretation of Sale and Purchase Contract: Some Preliminary Observations
9 Pages Posted: 19 Jul 2012
Date Written: July 18, 2012
This article examines the new issued interpretation of Chinese Supreme Court’s judicial interpretation concerning the sale and purchase contracts. The new ISPC clarifies several critical issues concerning the establishment, effectiveness and breach remedies of sale and purchase contracts and provides several specific rules concerning the delivery of the subject matter and the assumption of risk. The ISPC reveals the traditional underlying judicial logos of Chinese court: Good faith principle is the prevailing principles. Based on the analysis, this article concludes that the judicial policy Plays important roles in Chinese judicial awarding.
Keywords: judicial interpretation, Chinese Supreme Court, sale and purchase contracts, judicial policy
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