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Aluminum Corporation of China Limited Chongqing Branch and Aluminum Corporation of China Limited v. Chongqing Fuli Mining Co., Ltd. (Dispute over Contract)—Determination of Cause of Action and Time of Rescission under Statutory Right of Rescission

  • Zhumei LiuEmail author
Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

In commercial disputes, we shall accurately ascertain the nature of the dispute between the parties, so as to accurately determine the cause of action, and, based on the legal relationship reflected in the case, further apply relevant legal rules. The court of second instance, in light of the nature of a series of contracts signed by and disputes arising between both parties, accurately determines the case to be a dispute in a sales contract by tender, rather than a contract dispute identified by the court of first instance, and then resolve several disputes raised by the parties in a “package”.

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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