Views Of The Contract Disputes Between Huang Yiming,Su Yuedi And Chou Tai Fook Company,etc.

Taking the contract disputes between Huang yiming,su yuedi and Chou Tai Fook Company,etc.as examples,It analyzes the common contract disputes in foreign-related cases.This case involves many specific conflicts of inter-regional private law.On the basis of accurate characterization,the judges of the supreme people’s court scientifically applied the law to different issues and correctly solved the complicated application of law in this case.Therefore,This case contributes to the theoretical and practical research of foreign-related cases.This article surrounds the legal application of the case,sums up the disputes in the case that have a substantial impact on the rights and obligations of the parties,and combines the theory of private international law to evaluate the case.This article is divided into five parts.The first part is the basic situation of contract dispute cases of huang yiming,su yuedi and zhou dafu company.By briefly introducing the basic facts of the case and the trial situation,this article summarizes the three focus of dispute to be discussed in this article,and in the following chapters to summarize the three focus of dispute methodically chapter by chapter.The second part is the intertemporal conflict of laws in this case.Firstly,the author introduces three kinds of conflicts of the intertemporal conflict of laws in private international law and three ways to solve them in practice.Then combine the situation in the case and further explore the value concept behind the court judgment reasons.The third part is the preliminary questions of the case.The author first introduces J.H.C Morris’ traditional views on the constitution of preliminary questions and the theoretical reconstruction of preliminary questions by Chinese scholars,Analyze the pros and cons of different claims,and obtains his my own views on the constitution of prerequisite questions and the application of laws.Then it analyzes the practice of the court in this case on the subject matter of the client,evaluates the practice of identifying the eligible subject in the case.The fourth part is ascertainment of the Hong Kong laws.Firstly,the author introduces the stages and basic rules of the ascertainment of foreign law,that is,the ascertainment of foreign law is divided into two stages,Then the article analyzes the responsibility commitment of the Hong Kong law in the "investigation" stage and the operational norms in the "clarification" stage,and further analyze the court’s merits and deficiencies in the handling of this issue.The fifth part is based on the above analysis of the application of the law in this case,and further draw the enlightenment of improving the existing conflict rules of our country.This part of the content includes legislative improvements to some relevant rules of intertemporal legal conflicts,preliminary questions and ascertainment of the foreign law.