PPRuNe Forums - View Single Post - Shenzhen Airlines
View Single Post
Old 2nd Dec 2009, 14:45
  #100 (permalink)  
ReverseFlight
 
Join Date: Nov 2007
Location: Yellow Brick Road
Posts: 1,127
Likes: 0
Received 0 Likes on 0 Posts
Reality Check

Your contract won't be followed, it's a guideline only.
Not siding with anyone after reading post after post of people saying China never honours its contracts but all of us need to understand how Chinese contracts really work. They are not the equivalent of their counterparts in common law-based countries (China is civil law-based).

The Chinese contract invariably starts off with a preamble (blurb) about the governing laws of China and the need for mutual cooperation etc etc. Most foreigners will bypass this blurb and go straight on to scrutinise the detailed sub-clauses - but the preamble is the most important section in the entire contract:

Reality #1: The governing laws of China are the ones which will apply in case of any conflict with the contract's detailed provisions.

Reality #2: The need for mutual cooperation means the parties must be prepared to be flexible (i.e. depart from the provisions of the contract) in order to achieve Reality #1.
ReverseFlight is offline