Erste Interpretation des Obersten Volksgerichts zum neuen Gesetz über das Internationale Privatrecht der VR China (The Supreme People’s Court's Interpretation No. 1 on the Private International Law Act of the PRC)

Journal of Chinese Law (ZChinR), Vol. 20, No. 2, pp. 89-98 and 107-111, June 2013

Max Planck Private Law Research Paper No. 13/25

16 Pages Posted: 21 Aug 2013

See all articles by Peter Leibküchler

Peter Leibküchler

Nanjing University, Law School, Sino-German Institute For Legal Studies

Date Written: May 31, 2013

Abstract

In January 2013 the Supreme People's Court (SPC) published its first judicial interpretation on the 2010 Private International Law Act. The main aims of this Interpretation are to clarify the meaning of several rules, to facilitate judicial practice and to enhance legal security in private international law contexts. In order to achieve this, the Interpretation contains rather detailed provisions, often directly addressing certain issues that raised concerns among the courts when applying the Private International Law Act.

In addition, the SPC went beyond simple explanation and also created a number of rules that could not be found in the Act. These cases mostly concern issues that had been discussed by the legislator and among academia before the enactment of the Private International Law Act, but which were finally not included.

The article will show that despite several points of critique, the SPC has successfully engaged in finding solutions to existing deficiencies or potential problems in the Private International Law Act.

This article is published in this Research Paper Series with the generous and exceptional permission of the rights owner, Deutsch-Chinesische Juristenvereinigung e.V./DCJV (German Chinese Jurists' Association). Full-text ZChinR/J.Chin.L. articles and issues are available online at the website of the rights owner.

Note: Downloadable document is in German.

Keywords: Chinese Private International Law, Judicial Interpretation, Choice of Law, Ascertainment of Foreign Law, Mandatory Rules, Evasion of Law, Habitual Residence

Suggested Citation

Leibküchler, Peter, Erste Interpretation des Obersten Volksgerichts zum neuen Gesetz über das Internationale Privatrecht der VR China (The Supreme People’s Court's Interpretation No. 1 on the Private International Law Act of the PRC) (May 31, 2013). Journal of Chinese Law (ZChinR), Vol. 20, No. 2, pp. 89-98 and 107-111, June 2013, Max Planck Private Law Research Paper No. 13/25, Available at SSRN: https://ssrn.com/abstract=2309946

Peter Leibküchler (Contact Author)

Nanjing University, Law School, Sino-German Institute For Legal Studies ( email )

Nanjing, Jiangsu 210093
China

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