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Use. Autonomy And The Principle Of Closest Connection Conflict Rules In The Field Of Foreign Infringement

Posted on:2012-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2216330368483869Subject:International Law
Abstract/Summary:PDF Full Text Request
The Principle of Autonomy of Will and The Principle of The Mast Significant Relationship are two of the mostly used principles in international conflict laws. It takes a long period of time for The Principle of Autonomy of Will to establish its importance in the field of tort rather than merely in the field of contract. At the same time, it also takes long time for The Principle of The Mast Significant Relationship to expend its field from contract to tort and to be regarded as one of the most important principle in tort by legislators in recent years. How do these two principles win the preference of the legislator and how do they gradually become the most important principles in the legislation process of the international conflict law of torts? The writer gives an answer in this dissertation.The comparison study of the conflict law legislation among the main market economies in the world has been done for many times by the professionals. But the writer of this dissertation is not able to find any dissertation which takes the above two principles as the studying object and studies the sequences of significance of many connecting factors made by the legislators of conflict law of torts. So this dissertation provides a different angle by studying how the two principles are set in the conflict law of torts and by finding the common ground among the advanced legislations, and then, comment on the strengths and weaknesses of the related legislations in The People's Republic of China.This dissertation can be divided into three chapters. The first chapter gives a brief introduction of the two principles, and the second chapter tries to study how these two principles are introduced to the field of tort through a historical point of view. The last chapter, as the key chapter of this dissertation, compares the legislation among the main market economies and The People's Republic of China, and comments on the related legislation of China, pointing out the advantages and disadvantages of it. The summery part of this dissertation makes a concise conclusion.
Keywords/Search Tags:International Tort, Applicable Law, The Principle of Autonomy of Will, The Principle of The Mast Significant Relationship
PDF Full Text Request
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