Study on the Effectiveness of Non-Prosecution Clauses 
in Civil Contracts

Ye He

doi:10.70711/frim.v3i4.6482

Study on the Effectiveness of Non-Prosecution Clauses in Civil Contracts

Ye He

Abstract

This paper examines the validity of the non-prosecution clause in the contract. In judicial practice, for the contract of non-prosecution clause of the validity of the determination of the controversy, the local court decision results are not the same. There are also different views in the doctrine. The non-prosecution clause is usually to prevent future disputes and resolve disputes that have occurred in two
cases, essentially are the parties to the litigation rights of the waiver. Chinas civil litigation law provides for the protection of litigation
rights of the parties, civil litigation should follow the principle of good faith, the parties have the right to dispose of their litigation rights,
but whether it can be waived is not clearly defined. Therefore, on the non-prosecution clause is free to agree on whether there is controversy. In the specific judicial decision, some courts on the validity of the determination only for the restriction of the right to sue within a
certain period of time, for the invalid determination of the right to sue for the public right, is a basic human right, shall not be excluded by
agreement.

Keywords

Non-prosecution clause; Waiver of right of action

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References

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DOI: http://dx.doi.org/10.70711/frim.v3i4.6482

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