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Party Autonomy in Private International Law

Author: XuJunZuo
Tutor: HanDePei
School: Wuhan University
Course: International law
Keywords: Autonomy Application of the law Peremptory norms Arbitration agreement Jurisdiction by agreement
CLC: D997
Type: PhD thesis
Year: 2005
Downloads: 1936
Quote: 9
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Abstract

Autonomy principle is the principle of the old and new. Its old, it stands at the cradle of ancient Greece, ancient Rome, 16th century, Du Molan doctrine of party autonomy on the basis of previous theoretical precipitation, clear legislation and practice in the 19th century Autonomy as determining contract quasi According the first principles of the law, has a long history. Said its new, after the ups and downs of the principle of autonomy in developing constantly enrich its content, to expand its outreach, plays an important role in the new historical period. Scholars at home and abroad on the basis of the use of historical research methods, research method, combined with the empirical analysis of the full range of autonomy from the doctrine, legislation to judicial practice; from the perspective of the dialectical philosophy, the use of Philosophy of real Ought to analyze the connotation of the principle of autonomy (ie, freedom and limit the unity of opposites body), to investigate the status of autonomy, to predict trends. The text is divided into four, nine chapters. Focus on the following questions, and try to achieve a breakthrough: the principle of autonomy in a new starting point, namely the principle of autonomy is the unity of freedom and limitations, to explore the essence of the principle of autonomy, through analysis and Private International Law applicable to other legal theory, the system of relations, a clear position and role in the system of private international law. 2, the principle of autonomy is the first principle to determine the applicable law in the field of contract, is an indisputable fact. In accordance with the applicable law of the traditional theory of private international law chosen by the parties is limited to domestic private law. Has been in the parties in accordance with the principle of autonomy to determine the law of the contract, there are always some problems, such as the applicability of the public law, international trade practices optionality impact on the traditional theory of private international law. This article focuses on the possibility of the law, international trade practices as the applicable law, and to achieve conditions. 3, the principle of autonomy extended to the field of tort, property, marriage, inheritance, litigation, arbitration, conditions, characteristics and limitations of the applicable principles of autonomy in these areas, and these areas of traditional legal principles applicable in relations. 4, the principle of autonomy in our judicial practice problems and solutions. General chapter is divided into five chapters and a summary of the theoretical issues of private international law on the autonomy principle depth analysis of its essence, and to evaluate their effects. Chapter autonomy of meaning in the definition of private international law on the basis of analysis the history of the development of the doctrine of autonomy, the establishment of the principle of autonomy and its socio-political and economic background, to come to this conclusion: Private International Law on Autonomy a complex doctrine - the principle - the rule of the true connotation should be unity of freedom and limit its outreach around issues of freedom and limit the demarcation. The second chapter discusses the autonomy principle conflict rules of private international law applicable system

Party Autonomy in Private International Law

Abstract

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