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The Research On The Progress Of British International Private Law

Posted on:2005-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2156360122496810Subject:International Law
Abstract/Summary:PDF Full Text Request
The phylogeny of British international private law is an important part of the develop process of international private law in the world. In this thesis, through the research of the develop process of British international private law, the theories and Judicial practice in British international private law were detailed expatiated, which are different from other countries from the early period to the modern mature law jurisprudence and exert deeply influence to the development of the world international private law.This thesis introduced the reason why British international private law started later than other European countries, the early history of British international private law and the characteristics of the development of international private law different from other department law. Although, British international private law was late started, many theories and judicial practice which exert an influence to the development of the world international private law appeared in it's develop process. "The Doctrine of Vested Rights" and "the Doctrine of Proper Law" which were first bring forward by English scholars and now still accepted by many countries, and "Double Rennvoi "and "the General Rule of Double Actionability" which are the particular judicial practice owned by British international private law were emphasize analyzed and appraised. And the process including origin, establishment, development, blossom and decline of the ubiquitous basic system in international private law including the choice and qualification of the jurisdiction and Applicable law was settled and concluded. A clear skeleton was sketched for the involved problems.On the base of the above research, combining reality of China international private law and using for the reference of England, the idea of Chinese Judge-made law was designed. In addition, the author thought that the theoretical research and the practice of legislation and jurisdiction of international private law in China should be strengthened andthe International private law system with the Chinese characteristic should be established and developed.
Keywords/Search Tags:British International private law, The Doctrine of Vested Rights, The Doctrine of Proper Law, Judge-made Law
PDF Full Text Request
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