International Private Law Case Studies

Author: Zhang Huiming
Publisher:
Publishing Date: 1999-07-01
Features: To enrich the teaching content of law, in response to the request of teachers and students, the China University of Political Science and Law [menu] Catalogue Chapter International Private Law Introduction Section Object of International Private Law Section Scope and Definition of International Private Law Section Sources of International Private Law Section Basic Principles of International Private Law Section International Private Law Studies Chapter History of International Private Law Section Traditional International Private Law Theory Section Modern International Private Law Theory Section Hague International Private Law Conference and International Private Law Unification Movement Chapter Conflict Norms Section Structure and Types of Conflict Norms Section Applicable Law and Its Determination I. About Applicable Law and Conflict Norms and Retroactivity 1. Lin Qi Inheritance Case (1871) 2. British Government Bonds Case (1937) 3. Ambrose Marriage Case (1961) 4. Honeit Marriage Case (1971) II. Legal Application of Preceding Issues 5. Pedolezzi Marriage Case (1968) 6. Schwabbel Marriage Case (1963) 7. Li Bokang Real Estate Inheritance Case (1986) Section Identification I. Object of Identification 8. Anton Inheritance Case (1889) 9. Nicolas Inheritance Case (1900) II. Basis of Identification 10. Maldonado Inheritance Case (1954) 11. Cohen Case (1945) 12. Negotiable Instruments Prescription Case (1882) 13. Banana Company v. Fruit Company Case (1904) Chapter Several Systems in the Application of Conflict Norms Section Retroactive Effect I. Retroactive Effect 14. Collier v. Rivaz Case (1841) 15. Fugere Case (1878) 16. Tomasi Case (1919) II. Remand 17. Richard v. Federal Government Case (1962) 18. Fuld Case (1968) III. Dual Retroactive Effect 19. Easie Case (1930) Section Public Order Reservation 20. Hurler Case (1933) 21. Keilberger Case (1961) 22. Hope Case (1857) 23. Santos Case (1860) 24. Puerto Rico Gambling Debt Case (1964) 25. Miers Case (1936) 26. Marriage Capacity Case (1920) 27. Wang Yu and Yang Jiemin Marriage Case (1984) 28. Timber Company Letter of Credit Payment Case (1989) Section Legal Evasion I. Effect of Evasion of Domestic Law 29. Bouffayssart Divorce Case (1878) II. Effect of Evasion of Foreign Law 30. Frew Divorce Case (1922) 31. Mason-Heyldland v. Chicago & North-Western Railway Company Case (1927) Section Determination of Foreign Law Content I. Foreign Law Content Determined by Parties 32. Berisford Case (1850) 33. Wilson Case (1903) 34. La Chaise Brothers Company Case (1931) 35. Wiltont Case (1956) II. Presumed Foreign Law Content 36. Liyare Case 37. Teedwater Oil Company Case III. China Courts' Methods of Determining Foreign Law Content 38. Hong Kong Certain Enterprise Co., Ltd. Case (1989) Chapter Subjects of International Private Law Section Civil Legal Status of Foreigners I. Historical Civil Legal Status of Foreigners 39. View of the Civil Legal Status of Foreigners from the Battle of Changping II. Granting National Treatment to Foreigners 40. Foreigners Enjoy National Treatment in Our Country III. Granting Most-Favored-Nation Treatment to Foreigners 41. U.S. Importer Dissatisfied with Prohibition of Importing Chinese Weapons Against U.S. Tobacco, Alcohol, and Firearms Bureau Case Section Natural Persons I. Nationality Conflict and Its Resolution 42. Resolution of Dual Nationality of Macau Residents After China's Resumption of Sovereignty Over Macau II. Conflict and Resolution of Residence 43. Determination of Residence and Children's Status 44. Requirements for Changing Residence III. Determination of Applicable Law for Capacity to Act 45. Chalen's Contracting Capacity 46. Lack of Capacity to Marry Due to Not Reaching Legal Age Section Legal Persons 47. Chinese Stockholder's Request for Compensation Against U.S.-Invested Shanghai Power Company Case Section States 48. U.S. Air Disaster Victims Claiming Compensation Against China Civil Aviation Administration in the U.S. Case Chapter Legal Application of Foreign-Related Property Rights Section Legal Conflict in Foreign-Related Property Rights Section Principle of Lex Situs Rei Section I. Determination of Lex Situs Rei 49. Inglis v. Erskine Wood Case 50. Carmel v. Seville Case (1860) 51. Hooper v. Gumm Case 52. Guatemala Republic v. Nance Case (1926) 53. African Bank v. Cohen Case (1909) 54. Legal Application of Foreign-Related Movable Property Ownership Section II. Legal Effect of Foreign Bankruptcy 55. Legal Effect and Scope of Foreign Bankruptcy Chapter Legal Application of Foreign-Related Intellectual Property Rights Section Overview of Intellectual Property Rights 57. Translating Others' Works Without Infringing the Copyright of the Original Works Section Legal Conflict and Application of Intellectual Property Rights I. Application of Foreign Patent Applications 58. Foreign Enterprises Must Entrust Chinese Patent Agents to Handle Patent Applications in China II. Legal Application of Trademark Rights 59. U.S. Tobacco Company's "AMERICANFULLFLVOOR＇ Trademark Application Rejected Case 60. U.S. Squibb "ANTACIL" Trademark Application Rejected Case 61. "Dekalb and DEKALB" Two Application Trademark Registration Rejection Dispute Case 62. "SPACESETTER" Application Trademark Registration Rejection Case 63. Japan "Stomp" Application Trademark Registration Rejection Case 64. Trademark Applications with Deceptive Connotations Are Not Registered 65. Trademark Applications Similar in Meaning to Others Are Not Registered 66. "HanptonInn" Trademark Application Review Case III. Legal Application of Copyrights 67. Whether the Evidence Order Issued by the British Court Based on the Investigation Commission of the U.S. Court Is Valid 68. Whether Furniture Made by an Italian Manufacturer Based on a License from a French Designer in Federal Germany Constitutes Infringement 69. Whether the Licensee (Licensee) Sells Copyrighted Reproductions to the Country of the Copyright Holder Constitutes Infringement 70. Whether Recording and Importing Sound Recordings According to Foreign Legal Licenses and Agreements with the Copyright Holder Constitutes Infringement Section International Treaties on Protecting Intellectual Property Rights I. International Protection of Patent Rights 71. "Ethylene Oxidation to Ethylene Oxide Efficient Silver Catalyst" Application for Foreign Patent Case 72. Patent Application Priority Is an Important Principle in Applying for Patents II. International Protection of Trademark Rights 73. W Country Certain Instrument and Electrical Company Trademark Opposition Application Rejection Case 74. International Protection of Well-Known Trademarks 75. Hong Kong Shantun International Co., Ltd. v. Shenzhen Huada Electronic Co., Ltd. Foreign-Related Trademark Infringement Compensation Case 76. If the Opposition to Trademark Opposition Does Not Meet the Grounds for Reconsideration, the Trademark Shall Be Registered III. International Protection of Copyrights 77. Whether Selling Books Sold by Copyright Holders in Non-Designated Territories Constitutes Infringement 78. Whether Importing Books After Expiry Without Permission from the Copyright Holder Constitutes Infringement 79. How a Third Country Copyright Is Handled in Trade Activities Between Two Non-Party Countries to Copyright Treaties 80. Whether Copying Works of Foreigners Who Have Not Registered According to Their Own Laws Constitutes Infringement 81. How the Novel of the Former Soviet Union Was Protected in Western European Countries Before 1972 82. U.S. Film Company v. Beijing Publishing House Copyright Infringement Dispute Case Section World Intellectual Property Organization (WIPO) Section Legislation of Our Country on International Protection of Intellectual Property Rights I. Protection of Foreign-Related Patents 83. Application for Foreign Patents Must Be Approved by National Relevant Departments II. Protection of Foreign-Related Trademarks 84. Trademarks with Opposition Granted Are Not Registered 85. Trademarks with Opposition Not Granted Should Be Registered 86. "Yinbao" Trademark Opposition Decision Case 87. British "Leibao" Trademark Infringement Case 88. Fujian Lianjian Company and Taiwan Weidan Company Product Infringement Dispute Case 89. Damage Compensation Issues for Infringement of Trademark Rights III. Protection of Foreign-Related Copyrights 90. Foreigners' Works First Published in China Enjoy Copyright According to Law 91. Foreigners' Works Published Outside China Are Protected by Copyright Law Only According to Bilateral or Multilateral International Treaties or Agreements 92. U.S. Company v. Beijing Publishing House and Others Copyright Infringement Dispute Case Chapter General Legal Application Principles of Contractual Obligations Section Overview Section Legal Application Principles of Foreign-Related Contractual Obligations I. Application of Party Autonomy Principle 93. Party Autonomy Must Be Good Faith 94. Parties Choose the Court Law as Applicable Law 95. Indirect Selection of Contract Applicable Law 96. Implied Party Autonomy 97. Determining Party's Implied Choice of Law Based on "Arbitration Clause" II. Application of Objective Markers Doctrine 98. International Contracts Apply the Law of the Place of Performance 99. Determination of the Place of Performance Law 100. Using Arbitration Place to Determine Implied Party Autonomy 101. Contracts Apply the Law of the Arbitration Place III. Application of the Close Connection Principle 102. O v. O Case 103. Contracts Apply the Law with a True Connection to the Contract IV. Application of Other Principles 104. Apply International Customs and Good Faith Principle 105. Construction Contracts Apply the Law of the Close Connection Country 106. Dutch Company Stock Case 107. Contracts Apply the "Directly Applicable Law" 108. Brokerage Contracts Apply the Law of the Broker's Place of Residence Based on the Close Connection Principle 109. Parties Must Choose Law Legally Chapter Legal Application of International Trade Contracts Section Legal Application of International Goods Trading Contracts I. Determination of Applicable Law for the Formation of International Goods Trading Contracts 110. International Goods Trading Contracts Are Formed According to the Law of the Seller's Place of Business 111. International Goods Trading Contracts Are Formed According to International Conventions II. Legal Application of International Goods Trading Contracts to International Conventions 112. International Goods Trading Contracts Both Parties Choose to Apply International Conventions 113. Member Companies Directly Apply the 1980 Convention III. Legal Application of International Goods Trading Contracts to International Customs 114. FOB Contract Price Conditions Apply International Customs 115. CIF Contracts Apply International Customs 116. Refusal to Pay Goods Due to Violation of International Customs 117. Application of International Customs in International Trade Contracts 118. International Customs Cannot Deny the Effectiveness of Contractual Provisions Section Legal Application of International Transportation Contracts I. Apply the Law Chosen by Parties 119. Charterparty Contracts Apply the Law Chosen by Parties II. Apply International Conventions 120. Bill of Lading Transport Applies the Hague Rules III. Apply International Customs 121. Bill of Lading Transport Applies International Customs 122. Charterparty Contracts Apply Customs 123. Application of Chinese Law to Maritime Cargo Disputes 124. Application of Warsaw Convention to International Air Courier Delay Compensation Disputes Section Legal Application of International Transportation Insurance Contracts I. Apply the 1990 International Trade Terms Explanation General Rules 125. Marine Cargo Transportation Insurance Contracts Apply International Customs II. Apply the Insurer's Place of Business Law 126. Marine Cargo Transportation Insurance Contracts Apply the Law of the Insurer's Place of Business 127. Marine Cargo Transportation Insurance Contracts Apply the Insurer's Place of Business Law III. Apply the Uniform Customs and Practice for Documentary Credits 128. International Transportation Insurance Contracts Apply the Uniform Customs and Practice for Documentary Credits IV. Insurance Contract Disputes Apply International Conventions 129. Insurance Disputes Apply International Conventions Section International Trade Payment I. Collection Applies the Uniform Rules for Collection of Commercial Documents 130. Collection Applies the Uniform Rules for Collection II. Letter of Credit Applies the Uniform Customs and Practice for Documentary Credits 131. Letter of Credit Payment Applies the Uniform Customs and Practice for Documentary Credits 132. Correct Application of International Customs Chapter Legal Application of International Economic and Technological Cooperation Contracts Section International Investment Contracts and Their Legal Application I. Joint Venture Contracts Carried Out in China Apply Chinese Law 133. Joint Venture Contracts Carried Out in China Apply Chinese Law II. International Investment Contracts Apply Host Country Law 134. International Investment Contracts Apply the Law of the Host Country 135. Transfer of Equity Agreement in Joint Ventures Applies Chinese Law 136. Contract for Contracting Operation of Joint Ventures Applies Chinese Law 137. Land Transfer Contract Applies Chinese Law Section International Technology Transfer Contracts and Their Legal Application 138. Technology Introduction Contracts Apply Chinese Law 139. Technology Transfer Contracts Apply the Law of the Licensee's Place of Business Section International Labor Contracts and Their Legal Application 140. Compensation Trade Contracts Apply the Close Connection Principle 141. Application of Company's Place of Business Law 142. Processing and Assembly Contracts Apply the Law of the Processing and Assembly Work Site 143. Loan Agreements Apply the Law Chosen by Parties 144. Loan Contracts Apply the Law of the Guarantee Bank 145. Guarantee Contracts Apply the Law of the Guarantee Bank 146. Loan Contracts Apply the Close Connection Principle 147. Foreign-Related Labor Disputes Apply Chinese Law Chapter Legal Application of Tort Liabilities Section Overview of Tort Liabilities Section Legal Application of General Tort Liabilities I. Traditional Tort Liability Law of the Place of Injury 148. Place of Injury 149. Huang Jianqiang Injury Compensation Case 150. Zhu Shenglan et al. v. Amir Company Case 151. Continuation of Cause 152. Whether It Constitutes a Tort Liability II. Application of the Close Connection Principle in Tort Disputes 153. Beek v. Jackson Case 154. Miers v. Miers Case 155. Sayers v. International Drilling Company Case 156. Wu Defu v. U.S. James Angil MacLaren Compensation Case 157. Federal Germany Albrecht Schade v. British David Corris Compensation Case 158. China Technology Import and Export Corporation v. Swiss Industrial Resources Company Tort Compensation Dispute Case 159. Schmidt v. Drieskol Hotel Case 160. Carroll v. Alabama Southern Railway Company Case 161. Casey v. Marson Construction Company Case 162. Chaplin v. Boyes Case 163. Granden v. Hansen Case 164. Cokern v. Cokern Case 165. Phillips v. Earl Case 166. Wilson v. Furl Case 167. "⒊24" Train Accident Compensation Dispute Case 168. Polo v. Lorain Coal Mine Case Section Legal Application of Special Tort Liabilities I. Legal Application of International Product Liability 169. Scott Case 170. Berger v. Universal Club & Casualty Company Case 171. Tercet v. Ford Motor Company Case 172. Southern Grain Processing Company v. Vegetable Oil Company Case 173. Chalona v. Day and Zimmerman Company Case 174. Frevé de France v. Hiler Helicopter Case 175. Dekel v. Fox River Tractor Company Case II. Legal Application of International Maritime Tort Liability 176.177. Nanping Ship and Rubenore Ship Collision Case 178. Chinese Fishermen v. Somali South Ocean and Dutch Standaard High Ship Oil Pollution Case 179. Ningbo Port Authority v. Japan Industrial Co., Ltd. Compensation Case 180. Wenzhou Citizens Association v. "Haili" Ship Oil Pollution Compensation Case III. Legal Application of Air Accident Tort Liability 181. Eastern Airlines v. Solid Trust Company Case 182. Tokyo Marine Insurance Co., Ltd. v. Bell Helicopter Company Case 183. Keilberger v. Northeast Airlines Case Chapter Legal Application of Marriage and Family Relationships Section Legal Application of Foreign-Related Marriage I. Legal Application of Substantive Requirements of Marriage 184. One of the Substantive Requirements of Marriage—Marriage Must Meet Certain Conditions 185. Substantive Requirements of Marriage—Marriage Must Exclude Certain Conditions II. Legal Application of Formal Requirements of Marriage 186. Formal Requirements of Marriage 187. Consular Marriage Is One Way to Enter into Foreign-Related Marriage 188. Foreign-Related Marriage Concluded in China According to Chinese Law Is Effective in Japan Section Legal Application of Spousal Relationships I. Legal Application of Spousal Identity Relationships 189. Wives Have the Right to Decide on Engaging in a Profession II. Legal Application of Spousal Property Relationships 190. Spousal Joint Property—Husband Has No Right to Unilaterally Handle It Section Legal Application of Parent-Child Relationships I. Legal Application of Relationship Between Parents and Legitimate Children 191. Relationship Between Parents and Legitimate Children II. Legal Application of Relationship Between Parents and Illegitimate Children 192. Relationship Between Parents and Illegitimate Children III. Legal Application of Relationship Between Parents and Adopted Children 193. Relationship Between Parents and Adopted Children Section Jurisdiction and Legal Application of Divorce Cases I. Determination of Jurisdiction of Foreign-Related Divorce Cases 194. Jurisdiction of Foreign-Related Divorce Cases II. Legal Application of Divorce 195. Agreed Divorce Chapter Legal Application of Foreign-Related Inheritance Section Intestate Succession 197. Legal Application of Intestate Succession 198. Legal Application of Intestate Succession Without a Will in Foreign-Related Cases 199. Legal Application of Foreign-Related Inheritance Section Intestate Succession 200. Legal Application of Substantive Requirements of Intestate Succession Section Unclaimed Property 201. Unclaimed Property Chapter International Civil Litigation Procedure Section Civil Litigation Status of Foreigners I. Foreigners Enjoy National Treatment 202. Foreigners Enjoy National Treatment in Our Country's Civil Litigation II. Foreigners' Legal Capacity 203. Legal Capacity for Litigation and Legal Capacity for Acts III. Representation in Foreign-Related Cases 204. Representation in Foreign-Related Cases 205. Consular Representation Section Civil Litigation Status of Foreign States 206. States and Their Property Enjoy Immunity Section Jurisdiction of International Civil Cases I. Determination of Jurisdiction Based on Jurisdiction Principles 207. Territorial Jurisdiction 208. Hierarchical Jurisdiction 209. Agreement Jurisdiction 210. Transfer Jurisdiction II. Resolution of Jurisdictional Conflicts 211. Active Jurisdictional Conflict 212. Implied Agreement to the Jurisdiction of Chinese Courts 213. Passive Jurisdictional Conflict Section Judicial Assistance I. The Delivery of Judicial Documents Must Be Legal 214. A Middle-Level People's Court Returns the Divorce Judgment Document Sent by the U.S. California Superior Court for Assistance in Enforcement II. The Delivery of Judicial Documents Violating International Treaties and Our Country's Laws to Parties within Our Territory Does Not Have Legal Effect 215. U.S. AIameda Superior Court Disregards China's Judicial Sovereignty and Willfully Infringes on the Litigation Rights of Chinese Citizens Section Recognition and Enforcement of Foreign Court Judgments I. Cases of Recognition of Foreign Court Judgments 216. Recognition of Divorce Mediation Agreement Made by the Japanese Court 217. Conditions for Recognition and Enforcement of Foreign Court Judgments 218. Foreign Court Judgments Not Recognized by Our Court Do Not Have Legal Effect in Our Territory II. Compulsory Enforcement of Our Court Judgments 219. Seizing the Debtor's Passport, Restricting Departure, and Compulsorily Enforcing Court Judgments Chapter International Commercial Arbitration Section Arbitration Agreement I. Types of Arbitration Agreements 220. One Basis for Arbitration—Arbitration Clause in Contracts 221. Another Basis for Arbitration—Arbitration Agreement Between Parties After Dispute 222. Third Basis for Arbitration—Related Documents Proving the Establishment of an Arbitration Agreement II. Effectiveness of Arbitration Agreements 223. Arbitration Agreements Have the Effect of Excluding Court Jurisdiction 224. Handwritten Arbitration Clauses Are More Effective Than Format Arbitration Clauses 225. Independence of Arbitration Clauses Section Arbitration Institutions 226. Ad Hoc Arbitration Institutions 227. Permanent Arbitration Institutions Section Arbitration Procedures I. Property Preservation 228. Property Preservation Measures in Arbitration Cases II. Mediation 229. Mediation in Arbitration Cases Section Recognition and Enforcement of Foreign Arbitration Awards 230. Beijing Intermediate People's Court Enforces Maritime Arbitration Award Made by the London Maritime Arbitrators Association Case 231. Allocation of Applicant's Expected Property to Enforce Arbitration Award 232. Xiamen Intermediate People's Court Ruling That Part of the Arbitration Award of the China International Economic and Trade Arbitration Commission Is Not Executed Case 233. Beijing Intermediate People's Court Ruling That the Arbitration Award of the China International Economic and Trade Arbitration Commission Is Not Executed Case 234. Arbitration Award of the Shenzhen Branch of the China International Economic and Trade Arbitration Commission Is Executed in Hong Kong Case 235. Arbitration Award of the Shanghai Branch of the China International Economic and Trade Arbitration Commission Is Recognized and Enforced in the United States Case 236. Arbitration Award of the China International Economic and Trade Arbitration Commission Is Recognized and Enforced in Florence Court of Appeal in Italy Case 237. Application for Enforcement of Arbitration Award of the China International Economic and Trade Arbitration Commission in Hong Kong Court of Appeal Fails Case 238. Shenzhen Intermediate People's Court Reverses the Arbitration Award of the Shenzhen Branch of the China International Economic and Trade Arbitration Commission