Comparative Research On Autonomy Of Will In The Private International Law

The autonomy of will principle in the Private International Law is the representative of self-government in civil law on application of law. It is admitted by most of countries by way of their legislations and relevant international conventions as the primary rule to choose laws applicable to contracts, torts, marriage and family, succession, trust and many other fields. Currently, China's legislations in effect suffer a great deal from simplicity and rigidity. This paper compares and analyzes legislations of several countries so as to put forward proposals to improve China's legislations related with the autonomy of will principle.This paper mainly has three parts.In part one, it introduces the meaning, rise and development of the autonomy of will principle in general in order to put forward the topic of perfecting China's relevant legislation .Part two of this paper is the main part. It compares and analyzes legislations of several countries in the main fields where the autonomy of will principle works so as to find out the disadvantages of China's legislation in effect. It investigates laws respectively in each field in concrete provision of several countries with the clue of different realms .It is the contract realm first. The laws in effect in this field allow parties to choose applicable law expressly or implicitly. The law-choosing can be at the very time of signing the contract or after that. Many countries and international conventions have set such limit to the after-choosing and after-changing that they can not damage the profit of the third person. And there are still some scholars as Morris have the negative attitude on whether the after-choosing and changing are allowed. The scope of possible chosen...