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Research On The Conflict Of Laws And The Application Of Law In The Statute Of Limitations

Posted on:2020-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LuoFull Text:PDF
GTID:2436330590457550Subject:International Law
Abstract/Summary:PDF Full Text Request
The statute of limitations is an important system in the civil law system.From countries relevant legislation practice of prescription,countries in the object of the statute of limitations,such as legal effect after the expiration of the limitation of substantive law exists in the conflict of laws,the statute of limitations on the solution of the conflict of laws,the main countries in conflict law have the statute of limitations applicable belongs to civil legal relationship of applicable law,the court to method and mixed for applicable law belongs to civil legal relationship and the court to three legislative modes.Among them,the mixed applicable applicable law and court law belongs to civil legal relationship is in conformity with the development trend of the modern private international law a legislative mode,its not a rigid attitude to the applicable law of the statute of limitations problem,ease the statute of limitations applicable law of conflict,the advantage of this is worth our country use for reference in perfecting the rules of the applicable law of the statute of limitations.In the applicable law of the statute of limitations,the use of reservation of public order system shall be according to the characteristics of the system of the statute of limitations,to distinguish the system of the statute of limitations of compulsory and arbitrary,as well as the domestic public order and international public order and clear whether any reservation of public order system to exclude foreign statute of limitations can applicable law,the foreign-related civil legal relationship applicable law in our country about the rules applicable to law of the statute of limitations is too single also has many shortcomings,should be combined with the development trend of international private law to perfect the relevant legislation.
Keywords/Search Tags:Limitation of Litigation, Conflict of Laws, Application of Law, Preservation of Public Order, Mandatory Provisions
PDF Full Text Request
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