From Efficiency to Politics in Contractual Choice of Law

2002 ◽  
Author(s):  
Larry E. Ribstein
Keyword(s):  
Choice Of Law ◽  
Contractual Choice

Corporate Law as the Paradigm for Contractual Choice of Law

1999 ◽  
pp. 370-386
Author(s):  
ROBERTA ROMANO
Keyword(s):  
Corporate Law ◽  
Choice Of Law ◽  
Contractual Choice

Corporate Law as the Paradigm for Contractual Choice of Law

1999 ◽  
pp. 370-386 ◽  
Author(s):  
Roberta Romano
Keyword(s):  
Corporate Law ◽  
Choice Of Law ◽  
Contractual Choice

Renvoi and Contractual Choice of Law

1956 ◽  
Vol 5 (1) ◽  
pp. 120
Author(s):  
Robin L. Sharwood
Keyword(s):  
Choice Of Law ◽  
Contractual Choice

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 31 Macau: Macau Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Tu Guangjian
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Family Court ◽  
Court Decisions ◽  
Legal Doctrine ◽  
Choice Of Law ◽  
Judicial Practice ◽  
The Hague ◽  
Contractual Choice ◽  
Near Future

This chapter focuses on Macau perspectives on the Hague Principles. It clarifies a few points before examining the contractual choice of law rules in Macau in detail. First, the Macau Civil Code that is the most important source for conflict of laws rules was derived from the 1966 Portuguese Civil Code. Second, due to the fact that Macau is a jurisdiction belonging to the civil law family, court decisions in Macau, theoretically, are not a source of law and do not formally have binding legal effects. Third, while legal doctrine developed by scholars in Macau is not a formal source of law, it may have influence on legislation and provide guidance for court decisions. Fourth, although some revision has been made for the Macau Civil Code since its entry into force in 1999, so far there has not been any initiative to revise its conflicts system, let alone its contractual conflicts rules. Unfortunately, the Hague Principles as a whole or any part therein cannot be incorporated into Macau’s legislation in the near future. Nevertheless, theoretically speaking, broadly accepted international customs and usages could be resorted to as ‘persuasive authority’ by Macau judges in judicial practice. The chapter then provides a comparison between the Hague Principles and Macau law.

Party Autonomy in Contractual Choice of Law in China

2018 ◽  
Author(s):  
Jieying Liang
Keyword(s):  
Choice Of Law ◽  
Party Autonomy ◽  
Contractual Choice
Sign in / Sign up

Export Citation Format

Share Document