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Guizhou Antaen Renewable Resources Technology Co., Ltd. and Guiyang Branch of Bank of Chongqing Co., Ltd., etc. v. Hefei Midea Refrigerator Co., Ltd. (Dispute over Objection to Jurisdiction)—The Confirmation of the Place where the Result of a Tort Occurs

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

Abstract

In the case of the overlap of contractual liabilities and tort liabilities, according to the principle of autonomy of will, choosing the basis of the claim is the right and responsibility of the party, and the court should respect the choice of the party. The jurisdiction of civil procedures shall follow the principle that the defendant’s locality prevails over that of the plaintiff. The jurisdiction of a tort action is the place where a tort is committed, the place where the result of a tort occurs and the place where the defendant's domicile is located. In the existing judicial interpretations, there are no other specific provisions except for the special provisions on network infringement and infringement upon right to reputation, where the plaintiff’s domicile can be treated as the place where the result of a tort occurs. Thus according to the existing legal provisions of jurisdiction, it is not proper to make extensive explanation of the place where the result of a tort occurs.

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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