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@article{ART003025248},
author={Fei Xiang and Ji Sang Gyu},
title={The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2023},
volume={11},
number={4},
pages={37-73}

TY - JOUR
AU - Fei Xiang
AU - Ji Sang Gyu
TI - The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements
JO - Legal Theory & Practice Review
PY - 2023
VL - 11
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 37
EP - 73
SN - 2288-1840
AB - 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.
KW - B/L jurisdiction clause;Governing law;Consensus ad idem;Standard term;Principle of actual connection;Principle of exclusive jurisdiction
DO -
UR -
ER -

Fei Xiang and Ji Sang Gyu. (2023). 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, 11(4), 37-73.

Fei Xiang and Ji Sang Gyu. 2023, "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, vol.11, no.4 pp.37-73.

Fei Xiang, Ji Sang Gyu "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 11.4 pp.37-73 (2023) : 37.

Fei Xiang, Ji Sang Gyu. The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements. 2023; 11(4), 37-73.

Fei Xiang and Ji Sang Gyu. "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 11, no.4 (2023) : 37-73.

Fei Xiang; Ji Sang Gyu. 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, 11(4), 37-73.

Fei Xiang; Ji Sang Gyu. 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. 2023; 11(4) 37-73.

Fei Xiang, Ji Sang Gyu. The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements. 2023; 11(4), 37-73.

Fei Xiang and Ji Sang Gyu. "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 11, no.4 (2023) : 37-73.