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PRIVATE INTERNATIONAL LAW

Law School of Fuzhou University Huang Hui

Teacher
j Huang Hui

Law School of Fuzhou University


j Mailbox

6073695@qq.com

j http://www.law-walker.net/

PRIVATE INTERNATIONAL LAW


Period 54 Textbook and References
j j j j j j j j

Private International Law

Cheshire and Norths

PRIVATE INTERNATIONAL LAW


Part I Part II Introduction Subject of private international law Part III Pandect of private international law Part IV Particular branch of private international law Part V International civil procedure and commercial arbitration

Introduction

1 2 3

general survey of private international law history of private international law natural person legal person 5 state and international organization 6 civil legal status for foreigners 8 characterization

Subject

7 conflict rules and applicable law

Private international law

renvoi

Pandect
11 evasion of law

10 reservation of public order 12 ascertainment of the content of foreign law 14 real right 16 marriage and family

13

legal act and agency obligation succession

Particular branch
Procedure

15 17 18 19

international civil procedure international commercial arbitration

Part one Introduction of private international law


Chapter 1 General survey of private international law Chapter 2 History of private international law

Chapter 1 General survey of private international law


Section 1 Adjusted object of private international law Section 2 The definition of private international law Section 3 The scope of private international law Section 4 Sources of private international law Section 5 Fundamental principle of private international law Section 6 Private international law vs. other laws

Question
What is the difference between public law and private law

Section 1 Adjusted object of private international law


ForeignForeign-related civil or commercial legal relations are the adjusted object of private international law foreign element

Question
How do you define the term legal relationship? What is the difference between legal relationship and social relationship

Section 1 Adjusted object of private international law


Civil / Commercial legal relations involving foreign elements 1. Subject 2. Object 3. Cause

Section 2 The definition of private international law


1 2 3 Conflict of law and the causes Methods of adjusting Definition and name of private international law

Question
Private international law is also called conflict of laws. Does it mean there exist many conflicts in different laws?

The causes of conflict of laws

1) Different states have different regulations on the same issue. (case 1) 1) 2) More and more foreign-related civil foreignor commercial legal relations have been established among states. (case 2) states. (case 2) 3) On certain conditions, one state admits the extraterritorial validity of foreign regulations. (case 3) 3)

Methods of adjusting
1 Indirect Regulating Method 2 Direct Regulating Method

3 Definition and name of private international law


Name of private international law j Conflict of laws j Private international law j International private law

Section 3 The scope of private international law


j Civil legal status for foreigners j Conflicts law j Uniform substantive laws j International civil procedure and rules

on international arbitration

Question
Does legal source mean the history of law?

Section 4 Sources of private international law


A striking feature of private international law is the dualism, which includes both domestic and international source. Domestic source Domestic legislation Judicial precedence International treaty International source International practice

Source of private international law

Section 5 Fundamental principles of private international law


j Principles of national sovereignty j Principles of equality and mutual

benefit j Principles of respecting international treaties and international customs

Question
Is private international law international law or domestic law?

Section 6 Private international law vs. other laws


j Private international law vs. international

public law j Private international law vs. international economic law j Private international law vs. domestic civil law

Chapter 2 History of private international law


Section 1 Creation of private international law Section 2 Main doctrines of private international law Section 3 History of legislation of private international law

Section One Creation of private international law


j Background j Doctrines
Bartolus(1314-1357) Bartolus(1314the theory of statutes

Section 2 Main doctrines of private international law


1. The theory of statutes in France
j j

Charles.Dumoulin,1500-1566 Charles.Dumoulin,1500Commentaire sur la coutume de Paris

2.
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Comitas gentium Holland


Ulicus Huber,1636-1694 Huber,1636Three principles of Huber

3.Sitz des Rechtsver-haltnisses 3.Sitz RechtsverTheory of Seat of Legal Relationship j (Savigny,1779-1861 (Savigny,1779j System des heutigen Romischen Rechts

Section 2 Main doctrines of private international law


4.Doctrine 4.Doctrine of vested right
Dicey,1835Dicey,1835-1922 j A digest on the law of England with reference to the conflict of laws
j

5. Local law theory


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Cook,1873-1943 Cook,1873Logic and base of conflict of laws Brainerd Currie,1912-1963 Currie,1912-

6. Governmental interest analysis

Section 3 History of legislation of private international law


1 2 Internal history of legislation International history of legislation Development of private international law in China

22 100 23 21

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19 22 20

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