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Study On Mandatory Rules Of Regulation (EC) No 593/2008 Of The European Parliament And Of The Council On The Law Applicable To Contractual Obligations (Rome Ⅰ)

Posted on:2012-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2166330335463962Subject:International Law
Abstract/Summary:PDF Full Text Request
The mandatory rules were made the provisions for Rome Convention for the first time when they were regulated on the European secondary legislation level. Rome I, the successor of Rome Convention, takes the further step for amending and improving the provisions of mandatory rules, forming the dual mechanism for restrict the autonomy of parties where they enter into the relationship governed by contract law, the mandatory rules and public order mechanism. The law applicable to international civil and commercial legal relationship of PRC, the latest legal document of International Private Law era in China, stimulates the same mechanism. But there are still some defects about the law and lacks of the practice standards in trials. Since 1977, European Court of Justice has confronted some cases about how to define public policy. It changed its notions from entitling the Member States to using public policy for their needs to restricting them in accordance with some common and uniformed rules drawn out form the judicial practices these years. We should learn the experiences released by ECJ, and take the EU secondary legislation about public policy as examples to advance our own practices.
Keywords/Search Tags:Mandatory Rules, Public Order, Public Policy, RomeⅠ, Contractual Conflict Rules
PDF Full Text Request
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