ACDI: Anuario Colombiano de Derecho Internacional (Feb 2013)
The History of International Private Law in China and its sources
Abstract
Chinese International Private Law has a long history as its first provision dates from the Mingli Code during the Ming Dynasty. Despite its early beginnings, Private International Law really began to develop during the 1980’s. In China, this branch of law includes Conflict of Law rules, Conflict of Jurisdiction rules, and the Recognition and Enforcement of Judgments in civil and commercial matters. Despite the fact that in China there are various opinions about which would be the best type of codification method between a complete and a subject-by-subject codification, the newest Chinese International Private Law, which dates from October 28, 2010, has only codified conflict of laws rules. This law represents an important advance in the China’s Private International Law development even though some of its provisions have been widely criticized