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On The Applicable Law To Product Liability Involving Foreign Elements

Posted on:2012-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2216330338470938Subject:International Law
Abstract/Summary:PDF Full Text Request
With the international economic and trade become more prosperity. The number of the international product liability cases has gradually increased. Taking into account the special nature of the international product liability, Solve the problem in applicable law, will help resolve disputes and to safeguard the interests of the parties, and promote the sustainable development of the international economy.In order to do better study in this question, we need to study some basic concept in this area, such as product and product defects and so on. Understand the concepts related to the product, research on application of product liability law will able to set the right research direction.On the application law of international product liability, national legislation in the field of practical and theoretical research has been in development. First, the traditional main basis in tort for the legal rules still play an important role, but as the tendency for production specialization and the division of labor in modern society to increase staff mobility and other factors, the application of the law of tort has encountered many difficulties; the universal search for new connections to improve the product liability law as a way for the parties the law of habitual residence and the closest connection of the original start playing an increasingly important role; the law of habitual residence and the party most closely the original beginning to play an increasingly important role; autonomy of the important provisions of the Contract, also began to affect the area of product liability law applicable to the determination of autonomy in the areas of product liability law for the development focus of this study.The relevant international treaties are important in improving law applicable in product liability. Convention on the law applicable to product liability and Regulation on the law applicable to non—contractual obligations are treaties needs to be carefully study.Currently, the law on product liability provisions of applicable has been introduced recently, the new law has adopted a new connection point and the introduction of the principle of autonomy, this will further improve the characteristics of the new law to do serious study. In addition, the paper will study other aspects, in order to further improve this aspect of the legislative recommendations.
Keywords/Search Tags:product liability, applicable law, most significant relationship, autonomy
PDF Full Text Request
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