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The System of Law of the Application of Law for Foreign-related Civil Relations of the PRC

Author: YanYan
Tutor: YinAiZuo
School: Suzhou University
Course: International Law
Keywords: law of the application of law for foreign-related civil relations system architecture codes of international private
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 236
Quote: 0
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Abstract


Though the original system of law in managing foreign-related civil relations works greatly in normalizing relationship of international civil law affairs and constructing legal order of normal international civil law, there are a lot of imperfections, hence staying away from being a systematically and comprehensively system. The enacting of Law of the Application of Law for Foreign-related Civil Relations of the PRC, referred as Law of the application of law in the document, is the achievement of theory experts and the practitioners from the field of international private law. There are 8 chapters and 52 articles in the law, gives out the standards and rules about laws that refer to foreign-related civil relations on civil subject, marriage, inheritance, property, debt and intellectual property systematically and comprehensively, thus leads to the end of the era that conflicting rules are irregular, incomprehensive, and partially out of date, while at the same time, addresses significant meaning in boosting the harmonious of the systems of different international private laws of various countries.This article is composed of 3 chapters. The first chapter describes the background of the law of the application of law and gives overall comments on the outstanding points of the law. And chapter 2, analysis the system architecture of international private law in PRC as well as describes the most common used system architectures in different countries all over the world, especially laid focus of the analysis on the framework of law of application of law. Chapter 3 is the foreseen of the tendency of international private law’s development in PRC in the future and points out that codification is inevitably would be the choice.

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