Font Size: a A A

On The Doctrine Of The Most Significant Relationship

Posted on:2007-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:H ChouFull Text:PDF
Abstract/Summary:PDF Full Text Request
The doctrine of the most significant relationship is a new theory in current private international law. Since 1960s it has been more and more appreciated and adopted throughout the world because it is believed to have made up for the disadvantages of the traditional private international law, have met the more and more complicated international civil economic demand and indicate the future trend of private international law. Therefore, researching the doctrine of the most significant relationship has an important sense to enrich and perfect the private international law system of every country.Firstly, I introduce the implication, history evolution and reasonableness of the doctrine. The doctrine refers that, when it comes to choose an applicable law in a legal system, all factors concerned with this law must be taken into consideration, and then the closest connection between an area, or a country and the facts, the part should be determined. After its determination, the laws of that area, or country should be taken as the applicable laws for that case. The doctrine originated from the Savigny's"Sitz des Rechtsverh?ltnisses"theory, developed in American law practice. And was officially adopted in Restatement of the United States, Conflict of Laws, Second. The birth of the doctrine is closely related to economic development and is produced with the influence of western philosophy. So, it is reasonable. The doctrine initiates a new method to settle law conflicts and make a law choice, which has brought great changes to the method theory of private international law.Secondly, the article comments on the disadvantages of the doctrine which are in its lack of establishment and too much subjective judgment. Then it introduces different ways of trying to overcome the disadvantages of the doctrine: the limitation of American Constitution items;"characteristic performance"in continental legal system; the trend of rules returning in British and American legal system.; combining the doctrine with analysis of contents of rules and results of applying rules; inferring of...
Keywords/Search Tags:The Doctrine of the Most Significant Relationship, Characteristic Performance, The Interests of the Government, Plural Points of Contact
PDF Full Text Request
Related items