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Abstract

The principle of closest connection in the international community from generation to get more and more applications, and theoretical research has gradually deepen. Its advantages is better to overcome the shortcomings of the traditional private international law, and better meet the increasingly complex requirements of the International Civil economic relations, is also considered to represent the future direction of private international law. The study most closely link principle, is more oriented at the operational level, for the weak maneuverability of private international law, the meaning is obvious. More comprehensive view of the theoretical research, this paper will put forward their views on the basis of summing up. The closest connection principle is to choose the applicable law of a particular legal relationship, the comprehensive analysis of various factors related to the legal relationship, identify a place or state the facts of the case and the parties most closely associated, would be the local or national law as the applicable law of the legal relationship. Most closely connected principles of profound socio-economic, political, legal reasons and philosophy the ideological roots, how to determine the most closely connected by the conflict also regulate the movement of its own contradictions, can be said that a concentrated expression of the advanced concepts and direction of private international law . The paper describes the different use of the closest connection principle in foreign countries. Most closely connected principles of the extent and scope of different countries to accept, the use of the way of the closest connection principle, there are basically three: First, the civil law countries \The connecting factors in order to identify with the case, the flexible approach is most closely connected law; is provided for the International Sale of Goods Convention on the Law Applicable to \Of the status of legislation, the use of the principle of closest connection is characterized by a wide range of applications, multi-level, use a combination of characteristic performance and the discretion of the judge. Combined with our use of the principle advantages and disadvantages, this paper Perfection \Most closely connected to the principle of flexibility, clarity, fairness, etc., but also the performance of the uncertainty is not enough, by the shortcomings of much of the judge subjectivity factors, taking into account the characteristics of private international law, and government interests often prevail over the parties interests. See the closest connection principle is a new choice of law theory and methods, is increasingly becoming the most important principle to adjust the national conflict of laws and conflict of interest in private international law at the same time; also pay attention to the application of the principle of close contact is confirm and prove that a law should a dispute, the applicable law or applicable law, is proved applicable to a particular law is correct, reasonable and legitimate choice. Of course, that is, in order to solve the competition between two or more legal and conflict. But

On the closest link principle

Abstract

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