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On The Principle Of The Closest Connection In The Law Of Foreign-related Contract Conflicts

Posted on:2017-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2356330512468844Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of the closest relationship of the theory of selection in International private law was conceived from Savigny's seat theory, and firstly officially prescribed in The Second Restatement of Conflict Laws of USA. Later European countries have generally accepted the theory when establish laws, and then International private legislation law in almost all countries including China affected by it in some degrees. It has become the basic principle and theory of selection law.The principle of the closest relationship is the latest the theory of selection law, and it made breakthroughs in the theories and methods of traditional selection laws. However, a lot of problems have been exposed when it improve the traditional conflict rules. It first reflects on the law application for foreign contracts.In this paper, the foreign contract has been used as propriety areas of the principle of the closest relationship, and law application for foreign contracts also has been used as the core of study, and the starting point is the basic concept of the principle of the closest relationship, and the current situation in the foreign contract law has been used as the research basis. To further improve the application of the principle of the closest relationship in foreign contract law, the problems in theory, legislation and justice of the closest relationship in the applications in the foreign contracts have been analyzed, and solutions have been proposed.
Keywords/Search Tags:international contract, applicable law of contract, the doctrine of the closest relationship
PDF Full Text Request
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