国私重点题（National private key issues）.docVIP

国私重点题（National private key issues） In private, sorting out, that is about it, we find that missing messages, I always add source: Ma Suisui log... In private I. sources of private international law 1 domestic legislation, 2 judicial precedents, 3 international treaties, 4 international conventions, 5 general principles of law and principles of international private law Two, conflict norms 1 concepts: refers to the designated foreign-related civil relationship between domestic law or international treaties shall apply for which a country or regions law as the legal norms of the applicable law, the laws and regulations of the legal adjustment of a foreign-related civil relationship by which a country or region. 2 characteristics: (1) different from the general entity norms. It is an indirect norm and a norm of legal choice. (2) conflict norms are different from general procedural law norms. (3) a structure that is different from general legal norms. 3 the structure of conflict rules: (1), refers to the legal norms to adjust the conflict of civil and commercial legal relations or to solve the conflict rules through the scope, you can determine whether the specification is used to solve what kind of civil and commercial relations. (2) subject means the law to which the scope of the conflict code shall apply. It instructs the court how to apply the law in dealing with a specific international civil business relationship, or allows the parties or courts to choose the applicable law within the scope prescribed by the conflict regulations. 4, the types of conflict norms: (1) unilateral conflict norms are direct provisions of a foreign civil relations, only applicable to the internal law of the country or only applicable foreign law conflict norms. (2) bilateral conflict norms are not directly related to some foreign civil relations; they are applicable to internal laws or foreign laws. They only specify a guiding point to determine the applicable law. (3) conflicting norms