Solutions To Problems In Foreign Economic Contracts

< p > < strong > matters needing attention in concluding foreign economic contracts < /strong > < /p >

< p > 1, first of all, we must do a good job of market investigation and understand the credit situation of the other party, conduct extensive and in-depth investigation and understanding, and collect a variety of necessary information and information, which is the basis and prerequisite for signing foreign related economic contracts; < /p >

< p > 2, making foreign economic contracts must conform to the provisions of < a href= "http:// http://www.91se91.com/news/list.aspx Classid=101112107107" > < /a >, without prejudice to national interests and social public interests; < /p >

< p > 3, the terms of the foreign-related economic contract must be complete, and the expression must be accurate; < /p >

< p > 4, we should pay attention to the guarantee clause; < /p >

< p > 5, arbitration clauses should be clearly stipulated.

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< p > foreign economic contracts should generally have provisions < /p >.

< p > 1, the name or name, nationality, main business place or residence of the parties to the contract; < /p >

< p > 2, date and place of contract signing; < /p >

< p > 3, type of contract and category and scope of contract mark; < /p >

< p > 4. The technical conditions, quality, standards, specifications and quantities of the contract subject; 5, the duration, place and way of performance; < /p >.

< p > 6, price terms, payment amount, payment method and various incidental expenses; < /p >

< p > 7, whether the contract can be pferred or the conditions for the pfer of the contract; < /p >

< p > 8, compensation for breach of contract and other liabilities; < /p >

< p > 9, settlement of disputes in contract; < /p >

< p > 10, the language and validity of the contract.

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< p > < strong > < a > href= "http:// http://www.91se91.com/news/list.aspx Classid=101112107101 >" foreign economic contract < /a > dispute resolution "/strong > /p >

< p > when a contract dispute arises, the parties shall try their best to resolve it through consultation or through the mediation of the third party.

If a party refuses to consult or conciliation, or fails to negotiate or conciliation, it may submit it to the Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration clause in the contract or the written arbitration agreement concluded afterwards.

If a party fails to conclude an arbitration clause in the contract and fails to reach a written arbitration agreement afterwards, he may bring a suit in a people's court.

The application of substantive law to deal with disputes over foreign economic contracts < /p >

< p > if the parties have already chosen the law applicable to the contract when the contract is concluded or after a dispute occurs, the people's court shall, based on the law chosen by the parties, try to hear the case of the contract dispute.

The law chosen by the parties may be Chinese law, or the laws of Hong Kong and Macao, or foreign laws.

However, the choice of the parties must be agreed and expressed by both parties.

Chinese foreign contractual joint venture contracts, Sino foreign contractual joint venture contracts and Sino foreign cooperative exploration and development natural resources contracts must be applied to Chinese laws. The terms of the contract applicable to foreign laws are invalid.

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< p > if the parties fail to choose the law applicable to the contract when the contract is concluded or after a dispute, the people's court shall allow the parties to make a choice before hearing the case.

If the parties are still unable to make a decision by consensus, the people's court shall determine the applicable law according to the principle of the most significant relationship.

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< p > if the parties do not choose the law applicable to the contract, for the following foreign economic contracts, the people's court shall determine the applicable law according to the principle of the most significant relationship. Under normal circumstances, it is: < /p >

< p > contracts for the international sale of goods shall apply to the law of the place where the seller's business is located at the time when the contract is concluded.

If the contract is negotiated and concluded at the place where the buyer's business is located, or the contract is mainly determined by the buyer, and the tender shall be issued by the buyer, or the contract expressly stipulates that the Seller shall fulfill the obligation of delivery at the place where the buyer's business is located, the law applicable to the place where the buyer's business is located at the time of the conclusion of the contract shall apply.

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< p > a bank loan or guarantee contract shall apply to the law of the location of a loan bank or a guaranty bank.

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< p > insurance contract applies to the law of the place where the insurer is located.

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< p > processing contract is applicable to the law of the place where the Contractor's business is located.

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< p > the technology pfer contract shall apply to the law of the place where the pferee is located.

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< p > engineering contract, the law applicable to the location of the project shall apply.

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< p > Science and technology consultation or design contract shall apply to the law of the place where the principal is located.

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< p > labor contract, the law applicable to the place where labor is applied.

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< p > the supply contract of complete sets of equipment shall be applicable to the law of installation and operation of equipment.

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< p > agency contract applies to the law of the place where the agent is located.

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< p > the contract for the lease, sale or mortgage of real property applies to the law of the place where the real estate is located.

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< p > the lease of a movable property shall be governed by the law of the place where the lessor is located.

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< p > warehousing contract applies to the law of the place where the warehouses are located.

However, the contract is obviously more closely related to the law of another country or region. The people's court should take the law of another country or region as the basis for handling disputes.

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< p > 5, where a party has more than one business place, he shall take the place of business which is most closely related to the contract.

Where the parties do not have a place of business, their residence or residence shall prevail.

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< p > 6, China's "a href=" http:// http://www.91se91.com/news/list.aspx Classid=101112107102 "> international treaty < /a >, which is concluded or acceded to, shall be governed by the provisions of international treaties if there are different provisions relating to foreign-related economic contract law or other laws related to foreign economic contracts in China.

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< p > 7, in the case of the application of our laws, if the law of our country does not stipulate the disputes of the parties concerned, the international practice can be applied.

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< p > 8, if the applicable law is foreign law, if the foreign law violates the basic principles of our country's law and our social public interests, it will not be applicable, but the relevant laws of China should be applied.

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< p > < strong > limitation of time for foreign economic contracts < /strong > < /p >

< p > < strong > China's foreign economic contract law stipulates: < /strong > < /p >

< p > the time limit for litigation or application for arbitration in disputes over the sale of goods is four years, counting from the date when the party knows or should know that his rights are infringed.

The time limit for litigation or arbitration of other foreign economic contract disputes shall be separately stipulated by law.

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< p > China's general principles of civil law stipulates that the limitation of action is 2 years in general. < /p >