国际私法部份案例（Some cases of private international law）.doc

国际私法部份案例（Some cases of private international law） Development Company respondent said: and Fang Wei signed a joint venture project contract has not been approved, should be regarded as invalid contract, no breach of contract, the cost of inspection in the UK can not be fully undertaken.. I would like to ask: l) what is the nature of this case? 2) which country law should be applied in this case? Answer: 1) the two parties in this case have negotiated and signed the agreement between the Chinese side to visit the UK and the foreign partys inspection fees during the period of the establishment of Sino foreign joint ventures in China, and have actually fulfilled them. As the two parties also agree to the cost of the inspection, they shall compensate the foreign party for profits from the joint venture in the future. If the joint venture cannot be made by the Chinese side in other forms, the debts of the foreign contract shall be established between the two parties. Although the parties have signed a joint venture to build the Ningbo world contract, the joint venture enterprise contract has not been approved for approval, the contract does not produce legal effect. The two parties have no dispute or leave any questions to be dealt with, so the case is only a dispute about the foreign contract. 2) both parties contract debt disputes in the contract did not choose the applicable law for the contract disputes, in accordance with the provisions of the contract law, should be most closely connected with the contract applies the law of the country. The contract was signed in Chinese territory, the debtor Chinese corporate debt fulfilled in Chinese, creditors is sued to court China, so Chinese law is most closely linked national law and contract, the case should be applied Chinese legal treatment. 21. Chinese citizen Zhang original CAI and her husband lived in Malaysia, liberation, Zhang Kai children back Chinese settled in Xiamen. In 1958, with her husband Mouji Zhang Cai to