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A Study On The Relationship Between "Directly Applicable Law" And The Preservation Of Public Order

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
Abstract/Summary:PDF Full Text Request
The existence of sovereign states, resulting in each country must protect the interests of those who can not give up and which forms the basis for Public Policy;and since the middle of last century the state socio-economic life of the continuous intervention has prompted the rise and development of directly applicable law. Explore the relationship between the two is the direction of the positive efforts of scholars together since the "directly applicable law" theory given birth in the fifties of last century. However, private international law scholars failed to reach consensus even to this day.Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China come into force on April 1, 2011 has adopted the "directly applicable law" in article 4.But the relationship between the article and the public order reservation is not very clear, so that there is much confusion in practice.Therefore, this paper tries to explore the theoretical basis of the two institution,and clearing the relationship between them by the method of comparative study.This paper is divided into five chapters, the main contents of each chapter are as follows.The first chapter mainly introduced the sources of this thesis, present research situation in domestic and foreign countries,and the framework and innovation point of this article. The second chapter is about the basic theory of "directly applicable law" and the public order reservation,which is the basis for the full text.The third chapter and the forth are the focus of this article.Based on the theoretical study in the second chapter, by the method of comparative research,the study on the relationship between the two institution in this chapter is comprehensive,including correlations and differences from two aspects.The fifth chapter is the end result of this article. The previous text of this chapter on the "directly applicable law" and the Public Order reserved on the basis of comparative analysis,from our respect both legislation and judicial practice of view, through the extraterritorial investigation on the relationship between the two applicable, proposed measures to face the problem of the relationship between the two institution.
Keywords/Search Tags:Directly applicable law, public order reservation, public interest, mandatory rules
PDF Full Text Request
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