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A Study On The Doctrine Of The Most Significant Relationship From The Perspective Of The System Of Private International Law

Posted on:2011-01-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Q LiFull Text:PDF
GTID:1116330332963270Subject:International Law
Abstract/Summary:PDF Full Text Request
This dissertation uses a research method of system analysis, policy and benefit analysis, normative analysis, comparative analysis, historical analysis and empirical analysis, etc. It conducts the in-depth study and discussion on The Doctrine of the Most Significant Relationship from the perspective of Private International Law system. This dissertation gives some advice on value orientation of The Doctrine of the Most Significant Relationship and legislation of China's Private International Law.There are five chapters in the main body, the introduction and the conclusion not included.ChapterⅠstudies and explores the intension and extension of The Doctrine of the Most Significant Relationship. It discusses the concept, essence and guiding ideology of The Doctrine of the Most Significant Relationship.ChapterⅡstates The Doctrine of the Most Significant Relationship's impact on Private International Law. This chapter conducts the progressive study and exploration according to the logical sequence of "the relationship between The Doctrine of the Most Significant Relationship and public order policies—the impact of public order policies on national law—the impact of public order policies of multiple legal system on Private International Law—the value orientation of The Doctrine of Most Significant Relationship on Private International Law".ChapterⅢdiscusses some representative theories involved in The Doctrine of the Most Significant Relationship's three stages of sprouting, transition and establishment.This chapter reviews the development skeleton of The Doctrine of the Most Significant Relationship and grasps the historical inheritance and staged development of traditional and modern private international law theories and methods.ChapterⅥstudies and analyzes The Doctrine of the Most Significant Relationship and the status quo of Private International Law's legislation in two legal families. This chapter investigates the legislation development of The Doctrine of the Most Significant Relationship in two legal family countries.ChapterⅤgives some advice on value orientation of The Doctrine of the Most Significant Relationship and legislation of China's Private International Law, based on the study on status quo and disadvantages of The Doctrine of the Most Significant Relationship and legislation of China's Private International Law. This chapter purposes to present the impact and value of The Doctrine of the Most Significant Relationship on legislation of China's Private International Law.
Keywords/Search Tags:Private International Law system, The Doctrine of the Most Significant Relationship, public order policies
PDF Full Text Request
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