Interpretation of Chinese Supreme Court‘s Interpretation of Sale and Purchase Contract: Some Preliminary Observations

9 Pages Posted: 19 Jul 2012

See all articles by Peng Wang

Peng Wang

School of Law, Xian Jiaotong University

Date Written: July 18, 2012

Abstract

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

Suggested Citation

Wang, Peng, Interpretation of Chinese Supreme Court‘s Interpretation of Sale and Purchase Contract: Some Preliminary Observations (July 18, 2012). Available at SSRN: https://ssrn.com/abstract=2111943 or http://dx.doi.org/10.2139/ssrn.2111943

Peng Wang (Contact Author)

School of Law, Xian Jiaotong University ( email )

28 Xianning West Road
Xi'an, Shaanxi 710049
China
029-82664484 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
81
Abstract Views
475
rank
317,226
PlumX Metrics