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Review Of Private International Law

Posted on:2012-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:D D XuFull Text:PDF
GTID:2206330338991591Subject:Law
Abstract/Summary:PDF Full Text Request
The scope of private international law can be defined multi-levelly. Private international law refers not only to a research area of the law course, but also refers to the law criterion that private international law should contain; Still, it inferences the rules of the legislative practice of private international law but also indicates the course content that private international law should be set. Accordingly, the comprehension of the scope of private international law differs as follows: Whether it includes the international uniform substantive law and civil norms of the legal status of foreigner, or proceedings norms of international civil suit and commercial arbitration, etc. All these queries lead to a formation of various theories such as macro private international law, medium private international law and micro private international law so on and so forth.This dissertation summarizes a large quantitive differences that have existed in private international law theory. Moreover, the thesis analyze how this happens and its pros and cons. The author starts by explaining the characteristics of different theories and finding out the differences among various theories and views and the reasons that each theory holds. By integrated statements and comparison, the author gives us a comprehensive analysis of the scope of private international law.It's inappropriate to overextend the scope of private international law, nor should it be limited to merely study conflict-laws. Based on the actuality of international civil and commercial affairs, clearly we should delineate the case to a corresponding extent in the process of communication and settlement, which consists of jurisdiction of international norms, conflict laws and international judicial assistance(including recognition and enforcement of foreign judgements and arbitral awards) .
Keywords/Search Tags:Private International Law, Scope, Macro Private International Law, Middle Private International Law, Micro Private International Law
PDF Full Text Request
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