Abstract

The long-awaited first Act of China Private International Law, “Law of Application of Law for Foreign-Related Civil Relations of People’s Republic of China” (LALFCR), was adopted on October 28, 2010, and came into force on April 1, 2011. Unprecedented, the legislation of China expresses its protective attitude of private international law to consumers evidenced by Article 42 of the LALFCR. There is one special article for consumer contract’s applicable rule among all the 52 articles, which is the first protective choice of law rule in China’s legislative history: Article 42: Consumer contract shall be governed by the law of the country of the consumers’ habitual residence. The law of the country where the products/commodities and services be supplied should govern the contract, provided that it was chosen by the consumer or there is no related business activities of supplier/professional in the country of the consumer’s habitual residence.

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