国际私法【英文】
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Baidu Nhomakorabea
• Category:The legal relationship that need to be regulated by rules of conflict or the legal problem that need to be solved. • Attribution:the substantive law which is applied to solve the legal problem. • Point of contact(连结点)is a part of attribution.It can either be a constant point of contact(静态连结点) which cannot be changed or a variable point of contact (动态 连接点)which can be changed.
Private International Law
Li Xiang
Object
The object of private international law is the civil and commercial legal relation containing foreign element.For example: 1.the subject of the legal relation contains foreign element--at least one party is foreign natural person,legal person,stateless person or international organization--a Chinese man married an American woman 2.the object of the legal relation contains foreign element--subject matter(标的物)--legacy in foreign countries 3.the content of the legal relation contains foreign element--the contract is concluded in foreign countries.
• Analyze the following rule of conflict: 1.The laws at the habitual residence shall apply to the civil rights capacities of a natural person.
2. The ownership of immovable property shall be bound by the law of the place where it is situated. 3. The laws at the locality of an estate shall apply to the administration of estates and related issues. 4. The laws at the locality of the court shall apply to a divorce by litigation.
1.By applying rule of conflict.(冲突规范) 2.By applying the uniform substantive law. What is "rule of conflict"?
It's neither substantive law nor procedural law.It just regulates which law should be applied under a certain circumstance rather than regulates the rights and responsibilities of the parties.So we call it "rules of application of law"(法律适用规范) It regulates the legal relationship indirectly,with the help of the invoked substantive regulations. Different from substantive regulations,a rule of conflict is composed of "Object of connection/ Category"(范 围),“Attribution”(系属)and conjunctive word (关联词) The applicable law under the guidance of the rule of conflict is called lex causae(准据法)
Category
• unilateral conflict rules(单边冲突规范)： refers to the direct provision that certain legal povisions(domestic law in most cases) should be applied to a foreign civil relationship.For example:If foreign laws can not be ascertained or there are no provisions in the laws of this country, the laws of the People’s Republic of China shall apply. • bilateral conflict rules(双边冲突规范)：refers to the provisions that provide only one construvctive law.For example:The ownership of immovable property shall be bound by the law of the place where it is situated.
Conflict Law
• In common law system,private international law is also called conflict law(冲突法). • Why are there conflicts? • Because legal regulations in various laws are different. • The conflicts in private international law are civil and commercial legal conflicts. • How to solve the problem?
• Category:The legal relationship that need to be regulated by rules of conflict or the legal problem that need to be solved. • Attribution:the substantive law which is applied to solve the legal problem. • Point of contact(连结点)is a part of attribution.It can either be a constant point of contact(静态连结点) which cannot be changed or a variable point of contact (动态 连接点)which can be changed.
Private International Law
Li Xiang
Object
The object of private international law is the civil and commercial legal relation containing foreign element.For example: 1.the subject of the legal relation contains foreign element--at least one party is foreign natural person,legal person,stateless person or international organization--a Chinese man married an American woman 2.the object of the legal relation contains foreign element--subject matter(标的物)--legacy in foreign countries 3.the content of the legal relation contains foreign element--the contract is concluded in foreign countries.
• Analyze the following rule of conflict: 1.The laws at the habitual residence shall apply to the civil rights capacities of a natural person.
2. The ownership of immovable property shall be bound by the law of the place where it is situated. 3. The laws at the locality of an estate shall apply to the administration of estates and related issues. 4. The laws at the locality of the court shall apply to a divorce by litigation.
1.By applying rule of conflict.(冲突规范) 2.By applying the uniform substantive law. What is "rule of conflict"?
It's neither substantive law nor procedural law.It just regulates which law should be applied under a certain circumstance rather than regulates the rights and responsibilities of the parties.So we call it "rules of application of law"(法律适用规范) It regulates the legal relationship indirectly,with the help of the invoked substantive regulations. Different from substantive regulations,a rule of conflict is composed of "Object of connection/ Category"(范 围),“Attribution”(系属)and conjunctive word (关联词) The applicable law under the guidance of the rule of conflict is called lex causae(准据法)
Category
• unilateral conflict rules(单边冲突规范)： refers to the direct provision that certain legal povisions(domestic law in most cases) should be applied to a foreign civil relationship.For example:If foreign laws can not be ascertained or there are no provisions in the laws of this country, the laws of the People’s Republic of China shall apply. • bilateral conflict rules(双边冲突规范)：refers to the provisions that provide only one construvctive law.For example:The ownership of immovable property shall be bound by the law of the place where it is situated.
Conflict Law
• In common law system,private international law is also called conflict law(冲突法). • Why are there conflicts? • Because legal regulations in various laws are different. • The conflicts in private international law are civil and commercial legal conflicts. • How to solve the problem?