法释〔 2007 〕 14 号 Law explanation No. 14〔 2007 〕 已于 2007 年 6 月 11 日由最高人民法院审判委员会第 1429 次会议通过，现予公布，自 2007 年 8 月 8 日起施行。 Adopted on 11 th June, 2007 through the 1429th conference of Supreme Peoples Cou法释〔2007〕14号
Adopted on 11th June, 2007 through the 1429th conference of Supreme People's Court Judicial Committee, being hereby promulgated, and the execution shall be taken from
In order to correctly hear the dispute cases of foreign-related civil or commercial contract, apply accurate and applicable law for hearing the cases, according to the General Principles of Civil Law and Contract Law of the People's Republic of China, and other relevant provisions, this provision is enacted.
The term contractual disputes refered herein include such disputes as contract conclution, the validity of the contract, the performance and execution of the contract, alteration and transfer of the contract, termination of contract and breach of contract as like.
The parties thereto , choose or change choice of the law which be applied to the contract dispute, should carry through in expressly manner.
Article 4. The parties in the debate could, prioer to the end of the court
Although no applicable law to be chosen by the parties, but invoke the law of the same country or region and no objection on the same, it should be regarded as the parties have chosen the law being applicable to the dispute.
Article 5. Where the parties have not chosen the law applicable to contractual disputes, the law of the country or region with the closest relation to the contract shall be prevail.
People's Court should, while determining the appliable law to the contract dispute according to the most significant relationship principle , base on the particularity of the contract, party's obligations and the factor which best able to reflect the essential characteristics of contract and so on, and determine the law of the country or region with most closely relation to the contract as the applicable law.
The contract of sale and purchase shall be applied to the law of the seller’s domicile; if the negotiation and conclution of contract is in the buyer’s domicile or the contract stipulate that the seller must effect the performance of deliver at the buyer’s domiocile, the law of buyer’s domicile shall be applicable.
The furnished raw material processing, assembly, and other types of processing contracts shall be applicable to the law of the domicile of processing contractor.
The contract of complete sets of equipment shall be applied to the law of place in which equipment installation taken.
The contract of Real estate sale and purchase, lease or mortgage shall be applicable of the law of the place in which real estate is located.
Chattel lease contract shall be appliabel to the law of the place in which the lessor domicile to be.
The chattel pledge contract shall be appliable to the law of pledgee's domicile.
Loan contract shall be applicable to the law of lender domicile.
Insurance contract shall be applicable to the law of insurance underwriter‘s domicile.
The finance leasing contract shall be appliable to the law of lessee’s domicile.
The construction contract shall be appliable to the law of the place in which location of the construction works being.
The contract of storage and keeping shall be appliable to the law of the domicle of storage manager and keeper.
The pledge or guarantee contract shall beappliable to the law of guarantor’s domicile.
The consign contract shall be appliable to the law of assignee’s domiclile.
The contract of bond’s issuance, sale and transfer shall be appliable the law of the place of its issuance, the place of its sale and the place of its transfer separately.
The auction contract shall be appliable to the law of the place in which auction held.
The contract of commission agency shall be appliable to the law of broker’s domicile.
The intermediary contract shall be appliable to the law of the intermediator’s domicile.
Should the contracts have obvious closer ties with another country or region, the application of the law of another country or region shall be prevail to the same.
Artilcle 6. None of any party’s deliberate elusion to People's Republic of China laws, administrative regulations, the mandatory provisions shall take effectiveness of application of foreign law, such contract dispute shall apply the law of People’s Republic of China.
Article 8. The following contracts performed within the territory of the People's Republic of China shall be appliabe to the laws of the People's Republic of China.
The contract of sino-foreign joint venture enterprises
The contract of sino-foreign cooperative venture enterprises
The contract of Chinese-foreign cooperation in exploration and development of natural resources.
The contract of sino-foreign joint venture enterprise, sino-foreign cooperative venture enterprise and transfer of shares of foreign-owned enterprise.
The contracts with which the management of sino-foreign joint venture enterprises and sino-foreign cooperative venture enterprises, which sets up within the territory of the People's Republic of China, contracted by foreign natural person, artificial person and other contracting organization.
The contracts of purchase of non-foreign investment enterprise stockholder's rights which sets up within the territory of the People's Republic of China,by foreign natural person, artificial person and other organization.
The contract of the capital increase of non-foreign invested the limited liability company and shares limited liability company , which sets up within the territory of the People's Republic of China, subscribed by foreign natural person, artificial person and other organization.
The contract of the assets of non-foreign invested the limited liability company and shares limited liability company , which sets up within the territory of the People's Republic of China, purchased by foreign natural person, artificial person and other organization.
The other contracts which should be appliable to the law of People's Republic of China by the law and regulation of People's Republic of China.
Article 9. Where the party thereto choose or alter choice of the appliable law over the dispute of contract as foreign law, the content of the same should be provided by the party.
People's courts can, in accordance with the closest ties principles of law , establishe applicable law over the contractual dispute to foreign law, identify such foreign law and also require the party thereto provide or testify the content of said foreign law.
If the parties thereto and the people's court fail, through appropriate channels to identify the content of foreign law, the people's court may apply the laws of the People's Republic of China to the dispute.
Article 10. Where no objection by the parties thereto on the identified foreign law, the people’s court shall take confirmation to the same. If objection to it, people’s court shall checkup and examine to the same.
Article 11. The application of the case of civil or commercial contract which involves the Hong Kong Special Administrative Region, the Macao Special Administrative Region shall be suitable to refers this stipulation.
Article 12. If the rull and provision prior to this rull are inconsistent with the rugulation, are subject to this provision.