Font Size: a A A

The Softening Of The Foreign Infringement Conflict Rules

Posted on:2011-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y HaoFull Text:PDF
GTID:2166360305976036Subject:International law
Abstract/Summary:PDF Full Text Request
Foreign Infringement has been occuping an important position in the private international law,the traditional principles of foreign Infringement were Lex Loci delicti and Lex Fori Doctrine,they satisfied the requirements on stability and clarity of the law. With the globlization of economic and informatization, the tort conflicts become more and more complicated with the reason of transnational mobility about human and information resources and so on,then,it trends to soften foreign infringement conflict rules.The develpement of applicable rules of Foreign infringement is a procees of denial and self-denial.This article adopt theoretical research method,comparative approach and case analysis method,discuss the softening on the conflict rules of foreign infringement.This paper first introduces the necessity and performances of the softening on the conflict rules of foreign infringement;Secondly,by analyzing the affect to the certainty of the law and the application of fori,illustrate the value of softening,that is inherited and developed the traditional legal rules ;Again, through a number of national legislations and judicial practice cases, further shows the feasibility of softening.And by comparing,comments the shortcomings of China-related legislation,then put forward the idea of foreign tort legislation.
Keywords/Search Tags:Softening, The most significant relationship, Autonomy, Party interests
PDF Full Text Request
Related items