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The Principle Of Protection Of The Weak In Private International Law

Posted on:2006-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2166360182467306Subject:International law
Abstract/Summary:PDF Full Text Request
In globalization time, unequal factor are more and more in international civil and commercial communications. So modern international private law have great development in protection of the weak party's rights and interests. This development is not only represented in basic rule of international private law, but also in conflict law. In some way, protection of weak of international private law is the liberation of humanity, and the result of substantial justice. But now, our academic circles have not pay enough attention.This article includes introduction, four chapters and conclusion. The introduction main tell us in globalization time, protection of weak party's rights and interests is more and more important for international private law and this problem's study is very important. The first chapter has three parts, introduce us "weak party" and "principle of protection of the weak'"s conceptions and characters, and analysis of this two conceptions in private international law. The second chapter reveals the deep reason of this protection through humanity and material justice, and indicates the inevitability of the use of the protection. The third chapter introduces the protection of weak party in system and rule. This part main includes reservation of public order, evasion of law, rule of most significant relationship, mandatory code, autonomy of will, judge's recognition and performance and qualification, renvoi, proof of foreign law. The forth chapter introduces the protection of weak party in conflict law. This chapter includes adds the number of connection factor, protection of consumers' right, protection of labor, child, woman, sufferer, and so on. And the fifth chapter indicates our private international law's development and shortage in protection of weak party through rules and conflict laws. The conclusion illuminates the protection's important status in private law through the history of private international law, and prospect our legislation's future.
Keywords/Search Tags:weak party, private international law, humanities, material justice
PDF Full Text Request
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