The economic obligations of foreign related economic law, and what are the applicable laws for forei

Legal Analysis: The parties to a contract can choose the law applicable to the handling of contractual disputes. If the parties do not choose, the law of the State with which the contract is most closely connected is applied.

The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources performed within the territory of the People's Republic of China.

Where the laws of the People's Republic of China do not provide for it, international practice may be applied.

Legal basis: Article 5 of the Law of the People's Republic of China on Economic Contracts for Foreign-related Travel, the parties to a contract can choose the law applicable to the handling of contract disputes. If the parties do not choose, the law of the State with which the contract is most closely connected shall apply.

The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative shanty-run enterprise contracts through Shenshan Mountain, and Sino-foreign cooperative exploration and development of natural resources contracts performed within the territory of the People's Republic of China. Where the laws of the People's Republic of China do not provide for it, international practice may be applied.

The sources of China's foreign-related economic law mainly include domestic law norms and international law norms. Among them, domestic laws can be divided into: constitution, laws, administrative regulations, and local regulations.

The subjects of China's foreign-related economic law and legal relations: 1. Enterprises and other economic organizations 2. Individual citizens 3**Economic management departments 4. Countries 5. The economic rights enjoyed by the subjects of foreign-related economic and legal relations of foreign parties: 1. Economic authority 2. Property ownership 3. Economic management right 4.

Foreign-related economic and legal relations refer to the relationship between China's rights and obligations in foreign economic relations, technical exchanges, and foreign economic and technical cooperation activities in accordance with the provisions of foreign-related economic law. The subject of foreign-related economic and legal relations, and the parties who enjoy economic rights and bear economic obligations in foreign-related economic management and cooperation activities. 1. Enterprises and other economic organizations; 2.

individual citizens; 3.** Economic management departments; 4. State; 5. Foreign parties. Subject:

1.Actual existence, material materials with economic value; 2.the act of completing work and providing labor services in foreign-related economic activities; 3.

Intangible wealth, such as patents, trademarks, know-how and other intellectual achievements.

Foreign-related economic law in a broad sense refers to the general term for the legal norms of a country to adjust the specific economic relations arising from the economic exchanges between its own country and the subjects of other countries. China's foreign-related economic law is a general term for the legal norms that regulate foreign-related economic management relations and foreign-related economic cooperation relations arising from foreign economic and technical cooperation.

The scope of application of the Foreign-Related Economic Contract Law is the economic contract concluded between China's enterprises or other economic organizations and foreign enterprises, other economic organizations or individuals. The term "foreign-related" here does not refer to any foreign-related factor in general. Therefore, with regard to the application of the Foreign-related Economic Contract Law, there are the following special circumstances that need to be noted:

Clause. 1. The Law on Foreign-Related Economic Contracts shall not apply to international carriage contracts (international maritime carriage contracts, international air carriage contracts, international railway carriage contracts and international duplex transport contracts). Such contracts can only be dealt with in accordance with the various international conventions and practices recognized by our country.

Clause. 2. The Economic Contract Law of China shall not apply to the economic contracts concluded between Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established within the territory of China, as well as between them and other enterprises, economic organizations or individuals in China, but shall apply to the Economic Contract Law of China.

Clause. 3. The economic contracts concluded between Chinese enterprises and enterprises or individuals in Hong Kong and Macao, because Hong Kong and Macao are not foreign countries, should not be foreign-related economic contracts. However, in practice, in consideration of the current actual situation, it can also be applied to the provisions on foreign-related economic contracts.

Clause. 4. The provisions of foreign-related economic contracts in the Shenzhen Special Economic Zone shall apply to the economic contracts between Chinese enterprises and merchants, between enterprises in the Special Economic Zone, and between enterprises in the Special Economic Zone and other enterprises.

Clause. 5. At present, almost all foreign-related economic relations are established through contracts, but a small number of foreign-related economic relations, such as loans between countries, do not fall within the scope of foreign-related economic contracts.

Clause. 6. China's foreign-related economic contract law does not automatically apply to all foreign-related economic contracts. There is an issue of the applicable law of foreign-related economic contracts.

In short, in order for a contract to become a foreign-related economic contract, there must be three valid conditions: first, the parties to the contract are legal subjects, that is, one of the parties must be a Chinese enterprise or other economic organization, and the other party should be a foreign enterprise or other economic organization and a natural person. Second, the content of the contract is legal, and the content of the foreign-related economic contract must abide by China's laws and social and public interests. It must be a relationship of rights and obligations reached to achieve a certain economic purpose.

Third, foreign-related economic contracts must be concluded in writing and signed by both parties. Contracts that are subject to national approval as stipulated by Chinese laws and administrative regulations can only be formed after approval. For example, Sino-foreign joint ventures, Sino-foreign cooperative joint ventures, Sino-foreign cooperative exploration and development contracts for natural resources, and technology introduction contracts stipulate the state examination and approval system, while general contracts for the sale of goods do not need to be subject to state approval.