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The Name Of The Private International Law Of

Posted on:2004-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:H B ZhuFull Text:PDF
GTID:2206360092986519Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of the title of IPL (international private law) is a fundamental one in international private law science. We should pay attention to the application of the study methods of view angles of own countries and the world for solving the problem. The scope of IPL is the inherent deciding factor in deciding the name of IPL. Its noumenal scope should only include conflicts rules, i.e. rules of application of law or rules of choice of law. So, IPL is the concrete rules to decide in what status to apply the laws of which country and how to apply it.Other relating statutes belong selectively to independent International Civil Procedure Law, International Commercial Law and International Commercial Arbitration Law, ECT, but they don't belong to IPL. In our country, the traditional and main title of IPL- "International Private Law "is not correspondent with the demands of IPL and the reasons are as follows: First, the word "International" cannot make the title interregional private law. Second, the word "Private Law" is not able to reflect nature of IPL and the section method of private -public law is not satisfying far. Other usual names- "Theory of statute "/'Private International Law ","the Law of Conflict of Laws", "Foreign Private Law" and "Law of Application of Law". ECT. are also questionable and are not able to provide a complete answer. "Application Law of Interregional Law" or "Choice Law of Interregional Law" can be regard as IPL'S proper title. "Interregional" can refer to geographical region in narrow sense and also can refer to geographical region, horary region and personal region, and, it can refer to both interregion and internation. "Application Law of Interregional Law" may be instead of interspatial private law, private Law, which has geographical property; interpersonal conflicts law, which has personal property; intertemporal conflicts law, which has horary property. Further more, it is correspondent with" one country /two systems" Chinese special status. Application or Choice Law of Law the sort of call quit unreasonable public-private law classification; It can include public law conflicts; can reflect nature and spiritual essence; It can be in keeping with the demand of the single meaning. Totally," Application Law of Interregional Law" or "Choice Law of Interregional Law" can be correspondent with the demand of "view window" nature of law terms; benefit the formation and development of the relative branch law and branch science; meet the need of the relative historical cultural tradition of Chinese nation and factual state of china.
Keywords/Search Tags:International
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