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Mandatory Rules In Private International Law

Posted on:2016-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LiFull Text:PDF
GTID:2176330452468600Subject:International law
Abstract/Summary:PDF Full Text Request
The concept of Mandatory Rules in international private law can be inteneratedon two aspects. On one hand, Mandatory rules can exclude the applicable laws, on theother hand, Mandatory rules can exclude party autonomy. Mandatory rulesareattached importancein recent years with the popularity of government interventiontheory. The doctrine of mandatory rules derives from Public Order ReservationSystem and invalidity of evasion of law. Mandatory rules Doctrine differs from odrepublic,while it has a lot of similarities withodre public, and often take effects togetherwith odre public. Mandatory rules andodre public are often used to protectfundamental policies and interests of the forum. The legislation of mandatory rules,are gradually improved and specified from Rome Convention to Rome I Regulation.It is to be noted that the acceptance of applying third-country mandatory rules aremost obvious advances in this process. The domestic legislations of mandatory rulesare led by European countries.As for the application of mandatory rules, those of forum, lex causae and thethird country shall be treated differently. We should fully utilize the discretion of thejudges, and also give the judges cerrtain tips and references. Mandatory rules plays animportant role in reasonably limiting party autonomy, protecting the weaker partiesand the incorporation of public laws and private laws. The legislation of private law inChina does not include the doctrine of mandatory rules. It is reflected in theprovisions of directly applicable laws and odre public. So we need to learn fromRome I Regulation and bring indoctrine of mandatory rules in our legislations. Weshould also develop the provisions of odre public and cautiously admit third-countrymandatory rules.
Keywords/Search Tags:Mandatory Rules, Third-country Mandatory Rules, Forum MandatoryRules
PDF Full Text Request
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