Private International Law, Damages For The Application Of The Law

This dissertation is divided into six chapters.The first chapter is the introduction of compensation for damage. Based on the analysis of the definition of compensation for damage, the author makes a deep and thorough probe into the significances of compensation for damage, especially its significances in private international law and the components of compensation for damage. The author thinks that it is necessary to adopt various theories, because: firstly, any theory is used to solve practical problems, while particular problems need support of particular theories, thus there is no need to repel the application of other theories; secondly, although "the theory of correspondious causality" is adopted a lot in practicality and theories in order to judge whether the causality does exist or not, the word "correspondious" is an "indefinite legal definition", not accurate in practical adoption and when interpreting it, we can have reference to " statute objective theory" and other specific factors to judge the possibility of causality. Compensation for damage is an important component in private legal system in every country. Generally, in order to accomplish the creditor' s rights, except that the debtor performs the obligation, the creditor brings an suit to the court, procures an effective decision and applies for compulsory execution pursuant to the effective decision. But if the debtor is in bad economic conditions, the creditor' s rights can not be achieved, which can even become an elusive edifice in the air.Chapter two is concerning the question of the division of compensation for damage. In private international law, division should be understood in a broad way, which not only includes the division in every aspect of a legal relation (for example, in contract field, the division of the contracting capability of the parties, the contract' s form, and the division of the existence and effectiveness of a contract; in foreign marriage field, the division between the material and formal terms of a marriage; in succession, the division between real estate and personality; in the adoption field, the differentiation between the existence, the effectiveness and the termination of adoption; in custody field, the differentiation in terms of the set, change, termination, the supervision of the properties and the custodian' s rights and obligations), so that different laws can be applied; but also includes the differentiation of different legal...