Notes Legal Conflict Studies

This paper is divided into four parts:Part one: the reason of the conflict of the instrument lawsAs the most important mean of international payment and balance, instruments have been widely used in international trade and other civil or commercial exchanges. On the other hand, the differences among the instrument laws of various nations have become the obstacle to use the instruments in international trade, which delays the international trade to some degree. These differences mainly come from the definition of the character of the instrument behaviors, the restriction to the instrument behaviors and the form of the instrument law. Although a lot of work has been done to avoid the conflict of the instrument laws, including a few of international conventions on instruments, the conflict still remains.Part two: the kinds of the conflict of the instrument lawsBy viewing of the various instrument laws and precedents, this paper analyses the conflict of the instrument laws from these points of view: the capacity of conductors, the affection of the forms of the instruments, the drawing, endorsement, guaranty, intervention, acceptance or protest of instruments.First, the conductors should have competent capacity. Due to the tradition and history, there is a conflict of the capacity among various nations' civil law. When we discuss whether the behaviors on instruments are invalidated or not because of the incapacity of the conductors, there are various results.Secondly, only if the forms were conformed, the instrument behaviors would validate. But there are differences among instrument laws in the forms of the instrument, which results in the conflict of the forms of the instrument behaviors.Thirdly, nearly instrument law has manifested the requisites of national instruments, which is different from each other. The conflict would come out subsequently.Furthermore, there are different regulations for the way, the date and the requisites of the instrument behaviors, which also can result in the conflict.Part three: the application of the lawExcept to make the international uniform law on instruments, some countries mainly use the conflict laws to resolve the conflict of the instrument laws. Generally, making the different rules applying the law to resolve the different problems is a general rule widely accepted. In this part, this paper probes into the rules of application of the law about instrument behaviors.Part four: conclusion and evaluationThe conflict rules about instruments are generally stipulated in conventions or national laws. The conventions can be used in various nations simultaneously, but they still have some defects, and the scopes of their application are restricted because they can't be accepted by every country in practice .So the affection of the conventions can't be exaggerated.China has enacted instrument law in 1995, which has many shortcomings, especially in how to apply law in international instruments. As a professional has said, it is so disappointed. This paper simply evaluated the rules of application of the law about instrument behaviors in this law.