用英语谈谈国际私法答得好的我再给你100分~最好是中英文对照的...

用英语谈谈国际私法
答得好的我再给你100分~
最好是中英文对照的...

Private International Law
Private international law
In the world of civil law and commercial law differences between the cases, the foreign-related factors containing the civil and commercial law, which should be applied to resolve the law of the State's laws. Foreign-related factors also known as the international factors in civil and commercial law, known as the Western tradition of private law, private international law hence its name. Because generalized civil law could include commercial law, civil law and commercial law to the mutual differences, legal jargon known as the Civil Code of conflict or civil conflict, or conflict with the law or legal conflicts, so long as this sector, which the law the legal conflict with law or conflict of laws. In 1834 the United States jurists J. Tito, the first private international law conflict with law as a legal term synonymous. Then, in German, French created a corresponding vocabulary, in Italy after another, in Spanish has also had a corresponding vocabulary. In China and Japan called on Private International Law. Because of private international law on national civil law is the applicable law, also known as the law applicable law.
History 1841 German scholar谢夫纳in his book "The development of private international law" in the first use of this concept. The names in China, Germany, Japan, Russia and other Eastern European countries are generally used.
The adjustment of the concept of private international law targeting international civil relations can be called foreign-related civil legal relationships. As an international private law of the foreign-related civil adjusted target of legal relationship with the following characteristics: a foreign-related factors. Relations between the concrete expression in the main body of a foreign object and content of factors broad civil and commercial relations will be foreign-related civil conflict relations.
The conditions are:
① people of all countries have frequently exchanged visits, some civil legal relations with foreign factors, or had once one or both parties for foreigners, or had once property in a foreign country, or acts or facts had once occurred abroad.
② differences between civil law countries, such as the legal marriage age, the legacy of heir share distribution, such as default liability provisions vary.
③ foreign factors containing the civil legal relations, in a certain range with the application of foreign law necessary and possible. For example, with a number of overseas Chinese to give each other mutual legal treaty to be registered trademark and the right to the protection, in the implementation of this treaty, there will be times when the other party is a national corporate legal issue, namely, the issue of nationality of legal entities. On this issue, the law is inconsistent. Major European continent to take management center, and to the corporate community that is home country as the main office location of their home country. In accordance with the common law and the law of the State to State as a legal entity set up their own, in other words, legal persons in accordance with the laws of the countries which, with the country's nationality. China registered trademarks admissibility organs, to decide whether a foreign legal persons in the country of nationality, can only apply the foreign law.
Private International Law is mainly for the domestic law of the factors contained foreign relations provisions of the Civil Code should apply the law of the State where the rules, that is rules of private international law, known as the conflict with the rules, because this is the role of the rule of law to resolve legal conflict with the legal use of the problem. The above example is inconsistent with the rules: the nationality of the application of the corporate legal person of national law. A State of the sum of these rules conflict with the country on a private international law. Therefore, sources from the law (see Law), the main rule is inconsistent with national legislation and domestic jurisprudence, only very few from the international treaties concluded.
In Western countries, the first private international law legislation is the 1756 "Bavaria Civil Code." Subsequent legislation on private international law gradually increased, in some countries it in the Civil Code provisions, such as the 1804 "French Civil Code," No. 3; it provides some countries in the implementation of civil law, such as in 1896 Germany, "the purposes of the Civil Code "Some developed countries it is one-way, such as the 1975 former Democratic Republic of Germany" on the international civil, family law and labor relations and the international economic contract law applicable law "; some countries it scattered in a number of individual provisions of a single law in , such as Romania and Bulgaria, the private international law legislation. A private international law by the Legislative simple to complex trend. For example, in 1963 the Czechoslovak "private international law and international civil law" contains 68, 1987 announcement of Switzerland, "the Federal Private International Law" contains 200 provisions. Apart from legislation, common law jurisprudence growing private international law. Even in the European civil law, the customary law jurisprudence also constitute occupies an important position. For example, the jurisprudence of the Court of France, built a fairly complete system of private international law.
In addition, Latin American countries are still in 1940 concluded on the Montevideo Convention on Private International Law. As for the private international law provisions contained in the bilateral treaties number more.
As private international law are still low stage of development, some of the rules has not been established, therefore, sometimes on the doctrine of private international law in the international civil proceedings will also have a big role.
Private international law is the applicable law of private international law on civil law is the law applicable law, and not substantive law. Substantive law that directly address the legal rights and obligations of the parties. Private International Law is that which country should apply the substantive law to address the rights and obligations of the parties, but does not directly address the rights and obligations of the parties. In the aforementioned example, the national law is foreign corporate entities, "corporate citizenship application of the legal person of the national law" rules of private international law, the applicable law rather than substantive law.
According to conflict with the applicable rules of the substantive law of the country concerned, as the applicable law. The nationality of legal persons as in the above cases linked object, identified as the case known as qualitative corporate nationality, the nationality of legal persons is the link under. The use of private international law, in dealing with foreign-related civil cases, the first through qualitative and identify targets link, and follow the breach of rules, the decision should apply the applicable law, as the basis for the judgment. As the country adopted by the rules of private international law based on different links, sometimes occur, and turn to the renvoi.
China's private international law since the Tang Dynasty due to the fresh, Persians and other foreigners frequent in China trade, 651 (Tang永徽2002) "永徽law" provides that "all of outsiders similar self offenders, under this conventional method; Heterogeneous of offenders, in accordance with the law ", the law that Tang law, or the law of the forum. Punishment for Tang law, there is no clear distinction between the people, this provision is not only international criminal law, international private law provisions. Since ancient Tang dynasty mainly taken closed-door policy, the development of private international law could not until the end of the Qing dynasty was slightly resume. 1918 Northern government released "apply the law" provisions on personal law, relatives law, domestic law principle of the law of succession to the parties, but subject to the imperialist countries consular jurisdiction, applicable opportunities are few. After the founding of People's Republic of China have drawn up a number of rules and regulations relating to private international law, the conclusion of the relevant treaty. If in 1951 the Ministry of the Interior, between aliens and aliens in China with the Chinese man married to China and France, and marriage registration law. In 1960, "McNair consular treaty" provides consular can be authorized under the contributors, both contributors for the marriage registration citizens, but not from the parties or between people abided by local obligations under the Act. China with the mutual conclusion of the registration and protection of trade marks such agreements require the registration and protection of their application within the laws of the state. In recent years, China and many countries, such as France, on the conclusion of a bilateral agreement on judicial assistance. In order to resolve international trade and maritime disputes, China has already set up a Committee of Inquiry. "PRC Civil Procedure Law" (see the Code of Civil Procedure) to set up another series, foreign-related civil proceedings to make special provisions.