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CHAPTER 17 Applicable law and time limits

Maritime Law and Practice in China

Page 195


Applicable law and time limits

Applicable law and time limits

17.1 The issues of applicable law and time limits are commonly raised in Chinese judicial practice. Besides the principle of party autonomy, which is recognised by Chinese law, the CMC 1992 and the Law on Application of Laws to Foreign-Related Civil Relations 2010 (Law on Application of Laws 2010) apply to the issue of applicable law if there is no agreement on the applicable law. Time limits for maritime claims are mainly governed by the CMC 1992 and the General Principles of Civil Law 1986, as amended in 2009.

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