Chinese Law Article 464 Overview

Porcelli Chinese Law

• Article 464 describes a contract as an agreement between parties in civil legal relations, establishing, modifying, or terminating these relations. Personal relations like marriage and adoption follow specific laws, or are handled by applying the provisions to similar personal relations.
• Law and anthropology: societies without written language often have effective social rules despite the absence of written formulations. Rules and implementation can diverge.
• Legal culture is a concept linking legal norms to the material and immaterial reality of society.
• Legal culture and language are intertwined and must be considered in international legal discourse.
• "Reality" is the reality perceived by a culture, initially inherited, but then reworked to fit survival needs and future aspirations.
• Different languages can have different legal meanings affecting contracts and arbitration clauses.
• Formal expressions are useful tools for storing and sharing knowledge, but complete formalization isn't possible due to the complexity of context.
• Primitive terms (in law) can be defined in terms of the context, but an infinite regress can be evaded. Primitive terms are basic terms that have accepted meaning within the framework of a legal system.
• Legal systems and formalization: There are limitations to formal systems, such as formal expressions which cannot fully explain context.
• Informal law is part of the system of norms, often operating alongside formal law
• There should be a shared framework / language in inter-cultural communication.
• Formal expressions can help codify and share knowledge, but are limited by the potential for misinterpretations.
• Legal systems are not monolithic. They have a lot of flexibility and they are shaped by the interactions of different perspectives and circumstances
• Different parts of a legal system can be more or less formal and the formality of laws can be influenced by safety valves of anti-evasion interventions, such as how law and equity distinction functions.

How to Handle Contracts?

• Choices of law clauses or arbitration clauses can refer to legal systems that differ from the contract's language, requiring consideration in contracts for cross border transactions
• Application/interpretation/application of law must consider context/cultural differences.
• Understanding how words can have different meanings for different people in a contract/legal settings is important in international contracts.

What is Law?

• Legal systems like the Roman system, are tied to concepts of 'ius' and ‘aequitas,'. The system of law is linked to ‘justitia and related to the concept of the good and fair.

Methodology to deal with Law in a global perspective

• China's law was traditionally different from modern Western legal systems (e.g., no distinction between private/public law).
• China's ancient law was based on written law as well as social norms or cultural rules (the Li).
• There were not as many categories of law such as private or public as seen in the modern Western legal systems.
• The concept of equity was a strong part of the legal system, which influenced how cases were handled, as in Roman Law.
• There was no concept of national / external laws / international law as understood in today's sense.
• The Code was used to organize and systematize norms.
• In the Tang Code, articles and comments were systematically integrated.
• China began to use ‘Western' international law concepts during the 17th Century in exchange through trade and diplomacy

The Qingmo and the Beginning of China's Modernization

• Foreign influence was impactful during this era, including the influence of unequal treaties and legal systems on social changes.
• In many parts of Asia, there was an imposition of western standards on how to run a country.
• The rise in wealth and power of some countries was heavily dependent on their capacity to control access to commodities in other regions.
• China, India, and many other parts of Asia were forced by strong countries to trade/buy goods at a price that they could not sustain.
• China, and many other regions, were in a difficult situation due to the exploitation by strong countries or trade imbalances.

Foreign Investment Catalogue

• China has a catalogue that records its rules for the approval and processes related to foreign investments.
• Foreign investments in specific areas may face higher requirements, forbidden investments, or tax incentives.
• Some investments are encouraged.
• Certain countries/regions have catalogues of provisions/rules/regulations for foreign investments, and these have evolved over time.

Contracts

• Understanding Chinese law requires a broader view that considers the importance of technological and trade developments.
• Contracts played a key role in promoting commercial and other important activities in ancient China and this system was organized in a hierarchical way, following ‘systems' and procedures that varied across the different dynasties.
• The increase in the rate of trade can be supported by the innovation of technology, but also by the improvement of international regulations.

Other

• Technology cooperation shall be determined through discussions among investing parties.
• Confidentiality of trade secrets of foreign investors shall be retained.
• Formalisation/structure of laws was important

Explore the complexities of Article 464 in Chinese law, which defines contracts and their implications in civil legal relations. This quiz delves into the interplay between legal culture, language, and societal norms. Understand how personal relations and societal rules function within the legal framework.