본문 바로가기
  • Home

The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(4), pp.37-373
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : October 30, 2023
  • Accepted : November 25, 2023
  • Published : November 30, 2023

Fei Xiang 1 Ji Sang Gyu 1

1한국해양대학교

Accredited

ABSTRACT

With the purpose of studying the logic and development of courts' determination of the validity of the B/L jurisdiction clause in China, focusing on 167 judgements of China's courts, sort out the reasons involved in the validity determination of the jurisdiction clause and generalize them into the prerequisite element, foundational element, and substantive element in a logical order, respecting for the autonomy of will of the parties as main axis, and respectively propose to solve the prerequisite problem of the application of the governing law by means of the mixed law theory, the foundational problem of the consensus of declaration of will by means of the apparent consensus ad idem and the substantive consensus ad idem, and the substantive problem of the criteria for judging for the principle of actual connection and exclusive jurisdiction by means of the legal connection of the subjective standard and the presumption of exclusive jurisdiction.

Citation status

* References for papers published after 2023 are currently being built.