Statutory elements of force majeure
4.1 Event elements
Force majeure refers to objective events and their consequences that cannot be foreseen, avoided or overcome, resulting in the inability to perform a contract in accordance with the contract agreement.
According to the China civil laws, an offer is a proposal to create contract with others, this proposal shall meet the following:
How to determine the place of business of a foreign air carrier for entering into a contract?
Question and answer: Article 33, paragraph 1 of the Montreal Convention provides that: “An action for damages must be filed in the territory of one of the parties, at the option of the plaintiff, in the court of the carrier’s domicile, principal place of business or place of business where the contract is concluded, or in the court of the destination.” Among them, how to determine the “place of business where the carrier enters into a contract” should be handled according to the following ideas:
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As per the article 470 of China Civil Code, the content of a contract shall be agreed by parties, generally include the following:
Here is a summary of the legal procedure for a civil lawsuit
The rules on conclusion of contract in China, based on the articles of the Civil Code of P.R.China
Article 469: The parties may enter into a contract in writing, orally, or in any other form.
Written form refers to the tangible representation of the contents contained in contracts, letters, telegrams, telegrams, faxes, and other forms.
A data message that can be tangibly expressed through electronic data interchange, email, or other means and can be accessed and used at any time is considered in written form.
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According to the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations, enterprises that cannot be contacted through registered residences or business premises will be included in the list of enterprises with abnormal business operations. This information is published on websites such as the Enterprise Credit Information Network, and is also displayed in some enterprise information query apps. Once listed in this directory, it will have an impact on the reputation of the enterprise.
If it’s inconsistent between company’s registered domicile and actual place of operation, how should we determine the jurisdiction in a litigation of China?
[See the comments on Sub-Clause 1.14] [见第1．14款解释]
Brief description of Contract合同简述
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