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Foreign contract law principles applicable to the protection of the weak

Author: ZhangKunYang
Tutor: YuanQuan
School: Guangdong University of Foreign Studies
Course: International law
Keywords: Private international law Protect the weak principle Foreign Contract Law Applicable
CLC: D922.52
Type: Master's thesis
Year: 2009
Downloads: 358
Quote: 3
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Abstract


As the international political, economic and cultural changes rapidly, with \reasonable limits, for the most closely linked to the scientific definition and in the process embodied in the care of vulnerable groups and the pursuit of fairness and justice. Protection of the interests of the weak party as a new fundamental principles of private international law is to pay attention, countries have emerged in order to protect the interests of the weak rule of conflict constructed based legislation and focus on international consumer contracts, international labor contract, the international field of insurance contracts. In our country, to protect the weak principle of continuous impact on the existing selection methods Foreign Contract Law, Private International Law for how to protect the interests of the weak, although scholars to study, but the information gathered by the author point of view, not much to be systematically discussed . So I try to summarize the research methods and comparative analysis, summarize and sort out the legal principles applicable in the foreign-related contracts in use, thus promoting China's foreign contract law conflict rules applicable to research and legislative practice. This addition to the preface and conclusion, is divided into four chapters, a total of 30,000 words. The first chapter is mainly from the weaker party's basic problems starting the principle of the protection of the weak and development. Layer into a way to introduce the \The second chapter is the focus of this paper is divided into four, followed by analysis of the foreign contract law applies in how to embody the protection of the interests of the weak, including in the autonomy principle, the principle of the most closely and directly applicable mandatory norms, and Public Policy system and so how weak the actual operation of the legitimate interests of the party for protection. The third chapter is the second focus of this article, the system introduced by States in international consumer contracts, international labor contracts and international insurance contract law principles applicable to the protection of the weak legislative practice, summed up in these three areas of legislative developments and trends. Chapter IV Foreign Contract Law applicable legislation carried out assessment and countermeasure analysis, this article also highlights the difficulty. Based on the discussion paper analyzes the protection of the weak principle of private international law in our current situation and the lack of legislation, combined with the international conventions and foreign legislation on how to improve our foreign contract law principles applicable to the protection of the weak made a number of relevant legislation plain vision.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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