第六章 冲突规范(国外英语资料).docVIP

第六章 冲突规范(国外英文资料) The sixth chapter is conflict regulation [basic knowledge] Section 1 concepts, structures and types of conflict norms First, the concept of conflict norms (conflict rules) is defined by domestic law or international treaties, which indicates the legal norms applicable to a foreign-related civil and commercial legal relationship. Therefore, it is also called application (rules of of law) or law (choice of rules). Conflict norm is a special legal norm. Compared with the general legal norms, it has the following characteristics: 1.. Conflict norms are different from the general norms of substantive law. It is the applicable norm of law. The law only specifies the conflict rules of foreign-related civil and commercial relationships applicable law, in order to deal with the relationship between fair and reasonable, so as to promote international economic, cultural and commercial exchanges and technical exchanges, so it does not directly regulate the rights and obligations of the parties. 2., the conflict norm is different from the general procedural law norm, and it is the norm of the choice of law. Although the conflict specification does not directly regulate the rights and obligations of the parties, but the way in the specified conflict law in adjusting foreign-related civil and commercial legal relationship, but it is different from the legal norms to adjust for the litigation object, which is how to choose the applicable law and guide the parties or a state court. 3., the conflict norm is an indirect norm, and lacks the clarity and foresight of the general legal norms. Although the conflict rules different from the substantive law, but it is still a means of adjusting foreign-related civil and commercial legal relationship, but it needs a country with the guidance of substantive norms combined to ultimately determine the rights and obligations of the parties. It only serves as the function of invoking a substantive law, and can not directly constit